Loading...
HomeMy WebLinkAbout2023-05-23 Work Session & Regular Meeting Packet AGENDA City Council Work Session Tuesday, May 23, 2023 @ 5:30 PM Anna Municipal Complex-Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet in a Work Session at 5:30 PM, on 5/23/2023, at the Anna City Municipal Complex-Council Chambers, 120 W. 7th Street to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. 2. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions The Council further reserves the right to enter into Executive Session at any time throughout any duly noticed meeting under any applicable exception to the Open Meetings Act. 3. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. 4. Adjourn at 6:00 PM. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov ) and at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 5:00 p.m. on 05/19/2023. Carrie L. Land, City Secretary AGENDA City Council Meeting Tuesday, May 23, 2023 at 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna will meet on 05/23/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. Welcome to the City Council meeting. If you wish to speak on an Open Session agenda item, please fill out the Opinion/Speaker Registration Form and turn it in to the City Secretary before the meeting starts. 1.Call to Order, Roll Call, and Establishment of Quorum. 2.Invocation and Pledge of Allegiance. 3.Neighbor Comments. At this time, any person may address the City Council regarding an item on this meeting Agenda that is not scheduled for public hearing. Also, at this time, any person may address the City Council regarding an item that is not on this meeting Agenda. Each person will be allowed up to three (3) minutes to speak. No discussion or action may be taken at this meeting on items not listed on this Agenda, other than to make statements of specific information in response to a citizen’s inquiry or to recite existing policy in response to the inquiry. 4.Reports. Receive reports from Staff or the City Council about items of community interest. Items of community interest include: expressions of thanks, congratulations, or condolence; information regarding holiday schedules; an honorary or salutary recognition of a public official, public employee, or other citizen (but not including a change in status of a person's public office or public employment); a reminder about an upcoming event organized or sponsored by the governing body; information regarding a social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the municipality; and announcements involving an imminent threat to the public health and safety of people in the municipality that has arisen after the posting of the Agenda. a.City Secretary to Administer Oath of Office to Newly Elected Council Member, Elden Baker. b.Recognize Outgoing Council Member Danny Ussery. 5.Work Session. a.Zoning Discussion - Northwest corner of Rosamond Parkway and State Highway 5. (Director of Development Services Ross Altobelli) 6.Consent Items. These items consist of non-controversial or "housekeeping" items required by law. Items may be considered individually by any Council Member making such request prior to a motion and vote on the Consent Items. a.Approve the City Council Meeting Minutes for May 9, 2023 and May 16, 2023. (City Secretary Carrie Land) b.Approve a Special Event Permit for 3rd Annual Juneteenth Community Block Party (Assistant to the City Manager Kimberly Winarski). c.Review Minutes of the April 6, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) d.Review Minutes for the April 17, 2023 Parks Advisory Board Meeting. (Assistant Director of Neighborhood Services Jeff Freeth) e.Review Monthly Financial Report for the Month Ending April 30, 2023. (Budget Manager Terri Doby) f.Acting as the Board of Directors of the Anna Public Facility Corporation, adopt a resolution repealing and replacing bylaws of the corporation and directing the filing a statement changing registered agent and registered agent address. (Director of Economic Development Joey Grisham) g.Adopt a Resolution approving repealing and replacing bylaws of the Anna Public Facility Corporation. (Director of Economic Development Joey Grisham) 7.Items For Individual Consideration. a.Consider/Discuss/Action on a Resolution regarding Skorburg Anna Ranch Subdivision Improvement Agreement. (Director of Development Services Ross Altobelli) b.Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 170± acres located on the north and south side of E. Foster Crossing Road, 1,645± feet east of future Leonard Avenue from Planned Development to Planned Development to allow for single-family residences and multiple-family residences built to SF-72 Single-Family Residence District, SF-60 Single-Family Residence District, & SF-Z Single-Family Residence District - Zero lot line homes, and MF-2 Multiple-Family Residential - High Density with modified development standards. (Director of Development Services Ross Altobelli) c.Consider/Discuss/Action on a Plan of Finance for the issuance of General Obligation Bonds, Series 2023. (Finance Director Alan Guard) 8.Adjourn. This is to certify that I, Carrie L. Land, City Secretary, posted this Agenda on the City’s website (www.annatexas.gov) and at the Anna Municipal Complex bulletin board at or before 5:00 p.m. on 05/19/2023. Carrie L. Land, City Secretary Item No. 4.a. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Carrie Land AGENDA ITEM: City Secretary to Administer Oath of Office to Newly Elected Council Member, Elden Baker. SUMMARY: . FINANCIAL IMPACT: . BACKGROUND: . STRATEGIC CONNECTIONS: . ATTACHMENTS: Item No. 4.b. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Carrie Land AGENDA ITEM: Recognize Outgoing Council Member Danny Ussery. SUMMARY: . FINANCIAL IMPACT: . BACKGROUND: . STRATEGIC CONNECTIONS: . ATTACHMENTS: Item No. 5.a. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Zoning Discussion - Northwest corner of Rosamond Parkway and State Highway 5. (Director of Development Services Ross Altobelli) SUMMARY: Land Use discussion and direction for a tract of land that is currently zoned Planned Development (Ord. No 797-2018). Within the PD Ordinance, it specifically identifies a minimum/maximum acreage requirement. The Future Land Use Plan identifies this area as Community Commercial within the Anna 2050 Comprehensive Plan. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: On the August 9, 2022 City Council meeting there was a workshop item for this property in which the property owner discussed the addition of a townhome product between the existing single-family residences (Shadowbend Phase 1) and maintaining commercial zoning at the intersection of Rosamond Parkway and State Highway 5. The property owner would like to discuss changing that product type to a two and three- story multifamily product rather than townhomes. Attached is a memo from Ascent Investment Partners that details the request. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. Rosamond and Powell - AIP Write Up - Final    City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com     NWC of Rosamond Parkway & Powell Parkway                City Council Work Session  City of Anna  May 23, 2023                                  Applicant/Owner:  Ascent Investment Partners  14951 North Dallas Parkway, Suite 400  Dallas, Texas 75254       City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com I. PURPOSE, INTENT AND REQUEST    Ascent Investment Partners is pleased to present to the Anna City Council a new proposed  development plan for the +/‐ 17.25 acres located at the NWC of Rosamond Parkway & Powell  Parkway consisting of a gated luxury multifamily community and associated retail and  commercial uses.  The proposed residential development will occupy +/‐ 12.6 acres of the total  +/‐ 17.25 acres. The remaining +/‐ 4.65 acres will be designated for commercial and retail uses as  stated in the PD, facilitating a great buffer from the existing single family residential to the  commercial uses.      The site is a part of the State Highway 5/Rosamond Planned Development District (Ordinance No.  797‐2018), which identifies the subject site is intended for commercial use for a minimum of 8  acres and a maximum of 20 acres. Our proposal seeks to amend the Planned Development  District, enabling the establishment of a 325 unit two and three story, multifamily community  within +/‐ 12.6 acres of the designated commercial use area. This requires a reduction of the  minimum acreage mandated by the Planned Development District for commercial uses, from 8  acres to 4.6 acres, while also granting permission for a modified MF‐2 use as described below.    Ascent is requesting feedback from the City Council on this new proposed development approach  and our requested variances from the base MF‐2 ordinance.      II. PROJECT LOCATION, HISTORY AND DESCRIPTION    The Project is generally located at the northwest corner of Rosamond Parkway and Powell  Parkway adjacent to the Shadow Bend Neighborhood to the west and north.  The site is bounded  by the future Anna ISD site to the south and Highway 5 and vacant land to the east.      The         City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com Ascent and Family Development group presented a proposed townhome development on this  site on August 9th, 2022.  In that meeting we received generally positive feedback as described  below:     ‐ The proposed residential created a good buffer from the single family to the proposed  commercial uses  ‐ The shape of the commercial track does not bode well for a large retail development due  to the irregular shape  ‐ Residential, instead of commercial uses, at the corner of Robinson and Powell provides a  good buffer for Shadow Bend  ‐ Lack of connectivity to Robinson mitigates traffic congestion for Shadow Bend  ‐ The two story uses adjacent to the single family felt appropriate  ‐ There was a desire to keep as much retail/commercial as possible    After our August meeting, Family Development group decided not to pursue the development  due to the economic outlook and increased interest rates.  Since then, we have explored the  townhome development option with multiple groups but have not gained any traction.  In fact,  most groups are not interested in the townhome style product for this location due to several  market factors.  Through the last year, we have been approached by a number of developers  wanting to pursue a multifamily development on the back portion of the site.  Prior to us engaging  with a potential development partner we wanted to prepare conceptual plans that we deemed  appropriate and receive city council feedback.       When considering a different development approach to the site, Ascent utilized the following   design guidelines:     1. Respect the single‐family adjacency of Shadow Bend.  We have done this by:   a. Increasing the rear yard setback  b. Increasing the tree planting requirements to every 30 feet along the joint property  line  c. Keeping all buildings at two stories within 60 feet of the property line  d. Minimizing buildings located adjacent to the property line  2. Retain as much retail as possible.  a. The size of the retail parcel is really determined by the TXDOT approved curb cut  spacing.  We provided as much retail as possible while allowing the residential,  instead of retail, to front Robinson.    3. Adhere to the underlying zoning ordinance where possible.     City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com a. We are requesting a number of variances from the base line MF‐2 ordinance.  We  feel every request provides a benefit to the overall community and its integration  into the existing neighborhood context.   4. Create a development that integrates well into the community.    Utilizing these guidelines, Ascent is pleased to present The Greer, a proposed 325‐unit  community on the 12.6 acres.   The development will implement  two‐story buildings (in yellow)  and three‐story buildings (in  brown) with tuck under garages  scattered throughout the  community (light brown).  The  main community entrance will  be located off Rosamond Pkwy  with a secondary access point off  Powell Parkway.  There will be an  offering of one, two and three  bedroom units.  The community  will have a main community  center with a community room,  fitness center and a large,  centralized resort style pool.  The  buildings along Rosamond front the parkway with each ground floor unit connecting to the  oversized six foot side walk along Rosamond, creating great pedestrian connectivity.        All off‐street parking shall be located on site.  Proposed parking requirements align with our  historical use surveys for similar communities of this type.  Deshazo Tang and Associates has  prepared a parking analysis based on the proposed plan which can be found in the attached  exhibit.  Currently we are proposing one space per bedroom plus .20 spaces per unit for visitor  parking evenly dispersed throughout the development.  Basing parking requirements on a per  bedroom basis is more accurate than per unit based on the different unit mixes proposed in the  market.  Attached garages (either to a unit or attached corridor) shall be provided for at least  20% of the unit count, and a total of 50% of the units shall have access to either an attached  garage or covered carport.    The proposed development has a 6’ masonry screening wall already constructed along the  common property line with the Single‐Family Residential District. Additionally, a minimum 6’ rod  iron fence with masonry column located every 100 feet shall be constructed along the shared     City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com property line with the commercial development. Screening planting shall be installed and  maintained to form a continuous, unbroken, visual screen, which will be three feet high within  two years after the time of planting.    In addition to the rezoning, we are willing to enter into a development agreement with the City  of Anna that would dictate, among other smaller provisions, the following:     ‐ Masonry Requirements:   o The exterior walls (excluding recessed patios, windows and doors) on the front  elevation of any structure shall be a minimum 60% percent masonry. The total  cumulative surface area of the remaining exterior walls (excluding recessed patios,  garages, windows and doors) shall be 50% percent masonry.  Each structure shall  be deemed to have only one front elevation.  o Masonry shall consist of brick, stone, stucco, cultured stone or masonry block.   Cementous siding or paneling of any kind is not considered masonry.   o No EFIS shall be used on the exterior façade  Proposed concept elevations – see built product in Exhibit C     ‐ Roofing Materials:   o Roofing materials of a structure may only consist of architectural asphalt shingles  (including laminated dimensional shingles), clay and concrete tile, metal shingles,  mineral‐surfaced row roofing or standing seam metal, slate and slate‐type  shingles, or an equivalent or better product as compared with said materials.     City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com Should architectural shingles be used as roofing material, said shingles shall be  accompanied with a minimum 25‐year warranty. Under no circumstance shall  three‐tab shingles be used as roofing material.  ‐ Special Design Features:  o A minimum of 65% of all units must have one of the following design features:  a true balcony, stoop, or patio to create outdoor living space.  o No building façade may exceed a length of 75 feet without a break in the façade  of a minimum depth of two (2) feet for a minimum length of ten (10) feet.   o A minimum of four architectural design features are required on facades facing  public streets, parking and common areas.    ‐ Development Timing: Due to the current market conditions, we are hesitant to put an  overly aggressive development schedule in place.  We need flexibility to adjust to  market conditions as they unfold over the next year.  Below is a proposed schedule for  the development agreement:   o Within 12 months after City Council approval of the Zoning Change, Owner will  have submitted a preliminary plat and tree preservation plan for the Property.  o Within 180 days after the City has approved the preliminary plat, Owner shall  have submitted a site plan, landscaping plan, lighting plan, final plat (showing  easements, fire lanes and utilities for the multiple‐family residence  development), and civil plans.   o A preconstruction meeting between Owner and City staff shall occur within 60  days of final approval of the civil plans.   o Site construction pursuant to final approved civil plans must commence within  120 days after the preconstruction meeting.  o Owner must submit plans and specifications for the buildings and other  improvements not part of the civil plans (the “Building Plans”) no later than 180  days after civil plans are approved by the City.  o Recordation in the Official Records of Collin County, Texas of the multiple family  residence development final plat must occur within 180 days of  commencement of site construction.  o Vertical construction pursuant to the Building Plans for approved structures  must commence within 60 days after the later to occur of the recordation of  the multi‐family residence final plat and obtaining a building permit.        City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com The proposed re‐zoning and land use is justified by the following factors:    Addition of the Multiple‐Family Residential Use:   The Greer will have a positive impact on the surrounding neighborhoods and the City of Anna  by bringing a high end community with associated retail and commercial uses to the major  intersection of Rosamond Parkway and Powell Parkway. The Project's interconnectivity will  establish a seamless connection between the neighboring communities and various present  and upcoming destinations, including commercial areas, Anna Middle and High school, Slater  Creek Park, and other area amenities.    By incorporating a multifamily product, the development will introduce a distinctive offering  of upscale yet affordable living options, specifically designed to accommodate families, public  servants, and working professionals. By catering to the demands of these diverse  demographic groups, the wide range of product offerings in the community will not only meet  their lifestyle desires but also contribute to the growth and enrichment of Anna's already  thriving population.    The major macro shift in living lifestyles impacts the housing offerings needed in a City.   Continued and projected high interest rates for the foreseeable future are going to further  increase the cost of home ownership, making rental options an even more critical component  of the housing supply.   Today, there is a need to offer a wide array of home options integrated  into highly amenitized communities.   This new mentality and demand is prevalent across all  demographic groups – both young and old.  The Greer will attract old and new generations  to live in the City of Anna, which will enhance residents’ quality of life and significantly  increase the City’s taxable income.    Reduction of the Commercial Use:   The original development plan for the subject site contemplated a minimum of 8‐acres of  commercial uses which provides for medium scale commercial development. The original  developer's subsequent layout between the residential and commercial uses created a  commercial site with unique geometry and spacing that is no longer conducive for current  commercial centers. The layout also pushed the retail into the Shadow Bend Neighborhood  on the north side of the site. The commercial developers that have shown interest in the area,  are not interested in this particular site as it limits the area that can be utilized for large‐scale  commercial uses on the back portion of the site.   Large scale commercial developments exist at US 75 and White Street with many other  developments planned along the US 75 Corridor. Currently, there are a number of proposed  commercial developments at US 75 and Rosamond which are viewed by large‐scale  commercial developers as far superior locations to that of the subject site as they provide  better traffic volumes, site‐configuration, accessibility, and other demand drivers.      City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com  Due to the proximity to Anna Middle school, the subject site is further impacted by the  types of allowable uses providing alcohol sales.  Ascent will be seeking a variance to this as  we move forward with our development plans.    By reducing the amount of commercial space on the subject site, the developer will be able  to create a more appropriately sized Neighborhood Center that may include a coffee shop,  local boutiques, beauty salon, sandwich shoppe, medical offices or pharmacy. This  Neighborhood Center will be the perfect complement to all of the surrounding uses namely  the park visitors, schools and homes.      III. DEVELOPMENT STANDARDS/REGULATIONS FOR TOWN ANNA    In order to accomplish the proposed development Zoning Ordinance 797‐2018 would need to  be updated to provide for an updated Concept Plan showing the new Multifamily parcel,  reduced commercial parcel and additional language in the PD to provide for the following  modifications to the MF‐2 Base Zoning Ordinance    C. Multifamily   Multifamily – Permitted at the intersection of State Highway 5 and Rosamond Parkway with a  maximum acreage of 13 acres as shown on the Commercial/Multifamily Conceptual Plan (Exhibit D).    Permitted Uses:  Uses shall be permitted according to Appendix 2 of the City of Anna Zoning  Ordinance, Schedule of Uses for the MF‐2 High Density Multifamily Residential District.   Regulations:  Unless otherwise amended below, the Multifamily tract shall be developed in  accordance with the regulations established for the MF‐2 – High Density Multifamily district of  the Zoning Ordinance, as presently existing or as they may be amended:  Height and Area Regulations:   Setback and Landscape Buffer Regulations  o The following setback and landscape buffers regulations shall apply:    Rosamond Parkway   15 foot building setback   Encroachments ‐ For residential uses, unenclosed balconies, bay  windows, awnings, and patios may encroach up to five feet into  a required front yard setback. Stoops, retaining walls, raised  planters, sculptures, and other decorative landscape items may  be located within the required front yard setback.    10 foot landscape buffer   Parking along Rosamond Parkway shall be shielded from view  from the right of way by multifamily buildings.   Highway 5 / N. Powell Parkway      City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com  50 foot building setback    15 foot landscape buffer   Robinson Drive    25 foot building setback   10 foot landscape buffer   Rear Yard Setback adjacent to Single Family   45 foot building setback     10 foot landscape buffer    One large tree (minimum three inches in caliper and seven feet  in height at time of planting) for each 30 linear feet or portion  there of where multifamily buildings are within 50 feet of the  property line.     Encroachments ‐ Parking, carports and drive isles are allowed in  the read yard setback areas but not the landscape buffer areas.     Building Height  o All buildings shall have a maximum height of 48 feet and in no case more than  three stories.   o The height of any multifamily building adjacent to the single family shall be  limited to two stories for 60 feet from the property line.     Density   o No more than 325 multifamily units allowed and in no case shall the density be  more than 26 units per acre.   Parking  o One space per bedroom plus .20 spaces per unit for visitor parking evenly  dispersed throughout the development.  o Attached garages (either to a unit or attached corridor) shall be provided for at  least 20% of the unit count.   o A total of 50% of the units shall have access to either an attached garage or  covered carport.   Refuse Facilities  o In the event the developer signs an affidavit requiring valet trash service for  property management operations, then section 9.04.020(g) shall not apply.    o The community shall be required to have a minimum 20 yard trash compactor  to service the refuse needs of the community.  Any compactor area shall comply  with all screening requirements for refuse facilities.    Screening Fence  o A 6’ masonry screening wall has already been constructed along the common  property line with the Single Family Residential District.    o A minimum 6’ rod iron fence with masonry column located every 100 feet shall  be constructed along the shared property line with the commercial  development.  Screening planting shall be installed and maintained to form a  continuous, unbroken, visual screen which will be three feet high within two     City of Anna – Work Session 5.23.23      Ascent Investment Partners | 14951 North Dallas Parkway, Suite 400 Dallas, TX 75254 | Ascentinv.com years after the time of planting.  Construction of the screening fence shall be in  conjunction with the construction of the multifamily development.    Special Fire Protection   o Section 9.04.020(i)(2) shall not apply.    o Development shall adhere to all existing fire codes governing the City of Anna as  of the date of application for permits.     We thank you for your time and look forward to receiving your feedback on our proposed  development.      Respectfully Submitted,         Britton Church  Manager, Ascent Investment Partners     Exhibits Attached:  Conceptual Site Plan   As Built Elevations   Parking Demand Study  36III4ROSAMOND PARKWAY1IVREST/RETAIL8400 SQ FTREST/RETAIL5250 SQ FTPHARMACY/MEDICAL9200 SQ FTCOMMERCIAL4.65 ACRIGHT IN/RIGHT OUTACCESSSIDEWALK5IIDETENTION.73 ACV8V72IVIII9III10GARAGESGARAGESGARAGESGARAGESGARAGESHIGHWAY 5PARKING PROVIDEDSITE LOCATIONSITE DENSITYPROPOSED DENSITYGROSS SITE AREA MAXIMUM UNIT COUNTSITE DATA STRUCTURE2 & 3 STORY GARDEN APARTMENTSANNA, TXGARAGES74325/ 26 UN/GROSS AC/ 8.798 GROSS ACRESSCALE 50DENSITY STUDYNOTETHIS PLAN IS CONCEPTUAL IN NATUREAND MAY HAVE BEEN PRODUCEDWITHOUT THE USE OF A SURVEY, ORCONTACT WITH THE CITY OR COUNTY,ROSAMOND & POWELLANNA, TX05.04.2023CLUBTWO STORYTHREE STORYTANDEM32SURFACE30TOTAL50CARPORTS90NET SITE AREA AFTER ROW/ 7.25 NET ACRESCOMMERCIAL SITE AREA/ 4.65 ACRESRESIDENTIAL SITE AREA/ 2.6 ACRESCOMMERCIALOPEN SPACEPROVIDED5.0 AC INCL. DETENTION23080 Parking Rates for Multifamily Development located in Anna, Texas TECHNICAL MEMO To: Mr. Britton Church Ascent Investment Partners 14951 North Dallas Parkway, Dallas, TX 75254 From: DeShazo Group, Inc. Date: May 17, 2023 Re: Rosamond and Powell Multifamily Development located in Anna, Texas (DeShazo Project No. 23067) DeShazo Group (DeShazo) prepared this technical memorandum on May 17, 2023, for the proposed Ascent Multifamily Development located at the Northwest Quadrant of Rosamond Parkway and SH 5 in Anna, Texas. The client wishes to confirm a parking ratio of one space per bedroom and 0.20 spaces per unit for guest parking is sufficient for the development. The current proposed parking would be 1 space per bedroom with an additional 0.20 spaces per unit for visitor parking. The anticipated number of bedrooms will be 446, leaving a total required parking figure of 511, or 1.57 parking spaces/DU and 1.15 parking spaces/bedroom. The anticipated breakdown in bedrooms is shown in Table 1 below. Table 1 - Development component Units Bedrooms 1 Bedroom Units 211 211 2 Bedroom Units 107 214 3 Bedroom Units 7 21 The location of the proposed development is at the northwest intersection of Rosamond Parkway and Powell Parkway. The surrounding area is suburban in nature with single family to the west and north, a railroad to the east. and the Anna ISD land to the south. CODE PARKING Table 2 displays the Code Parking requirements by the City of Anna for the property: Table 2 - Code Parking Table Land Use Size Code Parking Ratio Parking Required Residential Unit 325 Units 2 per Dwelling Unit plus 0.25 per dwelling unit for visitor parking 731.25 Total: 731.25 Spaces Required 05/17/2023 11490 Parking Rates for Multifamily Development located in Anna, Texas The City of Anna parking requirement for the development is 731.25 spaces, according to the parking code or 2 parking spaces per dwelling unit plus an additional 0.25 spaces for guest parking. A proposed ratio of 1 space per bedroom with an additional 0.20 spaces per unit for guest parking will yield a required parking supply of 511. RECENT STUDIES AND ITE Shared parking characteristics for the proposed use are provided as follows. Multifamily Housing (Mid-Rise) - (ITE-221) Parking Rate - The weekday rate is predicated on the ITE 2019 Parking Generation Manual – 5th Edition retail industry standard peak rate of 0.75 spaces per bed, or one space per 1.33 bedrooms. The manual indicates a rate of 0.77 spaces per bed, or one space per 1.30 bedrooms on a Saturday. Time Component - The hourly profile for multifamily housing (mid-rise) is based upon the ITE Parking Generation Manual – 5th Edition (2019). DeShazo has frequently conducted on the ground parking inventories throughout the years across many municipalities and product types. According to these observations and data published by the Institute of Transportation Engineers, parking rates for multifamily development (by occupied bedrooms) have remained relatively consistent over the last 25 years. Studies conducted by DeShazo between 1997 and 2022 reveal an average parking rate of 0.88 spaces per occupied bedroom or 1 space per 1.13 occupied bedrooms on weekdays and Saturdays. The results of these conducted studies can be found on Exhibit A attached herein. Below are a few examples of these studies: THE BOULDERS APARTMENTS STUDY The Boulders apartments are located at 6337 Duck Creek Drive Garland, TX. The observations were carried out on Friday, July 8, 2022 and Saturday, July 9, 2022. The Boulders consists of 240 DU with 348 Bedrooms and an occupancy of 93.1%. This gives the number of occupied DU to be 223 and occupied bedrooms to be 324. The peak observed number of parked vehicles occurred on the Saturday date of observation with a count of 404. The peak ratio of parked vehicles per occupied DU was found to be 1.68 veh/DU and the peak ratio of parked vehicles to occupied bedrooms of 1.16. THE AMLI BRECKENRIDGE POINT, RICHARDSON STUDY The AMLI Breckenridge Point apartments are located at 4250 East Renner Road, Richardson, TX. The observations were carried out on Thursday, August 14, 2008. The Breckenridge Point apartments feature 232 dwelling units with a total of 440 bedrooms. The occupancy at the time of study was 87%. The peak parking demand observed was 597. The peak ratio of parked vehicles to occupied bedrooms was found to be 0.92 vehicles/Bedroom. Parking Rates for Multifamily Development located in Anna, Texas COMPARISON Table 3 below displays the comparison of Properties by bedrooms: Table 3 – Comparison of Properties via Bedrooms Complex Unit Count # of Bedrooms % occupied Vehicles/Bedroom Total peak parking observed: Rosamond & Powell 325 446 100% 1.15 (1.00 per bed + 0.20 spaces per unit) 446 Projected + 65 for guests = 511 Boulders Apartments 240 348 93.1% 1.16 404 AMLI Breckenridge Point Apartments 440 743 87% 0.92 597 DeShazo Historic (1997 – 2022+/-) 0.91 ITE 0.77 CONCLUSION DeShazo has conducted studies related to similar projects in the DFW area. Additionally, DeShazo has consulted the ITE 5th Generation Parking Manual (2019) for additional input in producing a sufficient amount of parking for the proposed development in Anna, TX. DeShazo determines that the proposed conditions of 1.57 parking spaces/DU (511/325) and 1.15 parking spaces/bedroom should be more than sufficient to accommodate the parking demands that the proposed development will generate. END OF MEMO Parking Rates for Multifamily Development located in Anna, Texas Table 4. DeShazo Multifamily Parking Demand Historical Database Name of Property (Location) Date of Study D.U. (Total Bedrooms) Percent Occupied **Parked Vehicles Pkg. Demand per Occupied Bedroom The Meridian (State Thomas) 9/04/97 132 (171) 96% 143 0.84 Uptown Village 1&2 (Dallas) 12/06/02 496 (585) 88% 495 0.96 The Vintage (Dallas) 10/02/97 160 (207) 96% 181 0.87 The Heights (State Thomas) 12/06/02 368 (431) 92% 364 0.92 The Cliffs (Dallas) 4/17/98 224 (296) 273* 252 0.97 The Gate (Dallas) 4/17/98 462 (882) 758* 582 0.81 The Lakes (Dallas) 4/17/98 768 (1,018) 858* 801 0.98 The Park (Dallas) 4/17/98 476* 409 0.90 Mockingbird Station (Central Dallas) 2/11/02 235 (235) 89% 216 1.03 Phoenix Midtown (Central Dallas) 12/06/02 449 (621) 534* 479 0.90 Live Oak Lofts (Deep Ellum) 4/17/00 112* 111 0.99 Turtle Creek Villas (Turtle Creek) 12/02/02 331 (575) 89% 429 0.84 Legacy Village-Phase I (Plano) 11/08/04 255 (318) 98% 315 1.01 Cityville-Live Oak (Central Dallas) 09/14/07 238 (297) 95% 259 0.92 Cityville-Greenville (Central Dallas) 09/14/07 (182) 95% 160 0.93 Cityville-Fitzhugh (Central Dallas) 09/14/07 226 (288) 97% 257 0.92 AMLI Breckinridge Point (Richardson) 8/14/08 440 (743) 87% 597 0.92 Jefferson Place (Irving) 9/15/11 440 (664) 98% 528 0.81 Mission at La Villita (Irving) 9/15/11 360 (564) 94% 451 0.85 Chisholm Place (Plano) 9/15/11 142 (219) 98% 197 0.92 Post Sierra (Frisco) 2/1/2012 269 (356) 91% 313 0.97 Post Katy Trail (Dallas) 10/3/2013 227 (284) 97% 245 0.89 Post Eastside (Richardson) 10/3/2013 419 (555) 97% 515 0.93 Post South Lamar (Austin) 10/3/2013 298 (389) 98% 382 1.00 Post Midtown (Houston) 10/3/2013 673 (815) 95% 704 0.91 Post Hyde Park (Tampa) 10/3/2013 462 (777) 96% 663 0.89 AVERAGE: 0.91 * Only occupied bedrooms data provided. ** Includes all on-site and on-street parking facilities within close proximity to the site, where applicable. Item No. 6.a. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Carrie Land AGENDA ITEM: Approve the City Council Meeting Minutes for May 9, 2023 and May 16, 2023. (City Secretary Carrie Land) SUMMARY: Approval of the City Council Meeting Minutes for May 9, 2023. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: Approval of the City Council Meeting Minutes for May 9, 2023. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. CCmin2023-05-09 2. 2023-05-09 CCMeeting Handouts 3. CCmin2023-05-16 Regular City Council Meeting Meeting Minutes Tuesday, May 9, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on 05/09/2023 at 6:00 PM in the Anna Municipal Complex-Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:03 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten Council Member Danny Ussery Council Member Pete Cain Members Absent: Council Member Stan Carver II 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. Stephanie Dingle and Beth Lowry spoke in opposition to item 6.f. Julia Norvell spoke on homestead exemptions. 4. Reports. a. Recognition of Leadership Anna Class IV (Interim City Manager Ryan Henderson) Leadership Anna is a six-week program presented by the Greater Anna Chamber of Commerce, held once a year. Community focused sessions are 3 hours long once a week ending with graduation. Each session explores leadership dynamics, social service organizations, economic development, educational, leisure, public safety, Anna’s government, and health services. Each member will work with their class building on and using their leadership skills to complete a class project that will benefit the Anna Community. Leadership Anna is offered to any interested citizen who lives or works in Anna, or is a member of the Greater Anna Chamber. The purpose of Leadership Anna is to bring together emerging community and business leaders to encourage them to learn about, to question, to dream about, and to care for their community. b. Recognize February, March, and April We Notice! Recognition Designees. (Community Enhancement Coordinator Olivia Demings) This program began in 2022 as a way to highlight property owners who have gone the extra mile to show pride in their property and in turn create a more beautiful community. The February and March winner is North Pointe Crossing HOA and its President Will Lebo. The April winner is Debbie Serio of Avery Pointe. 5. Consent Items. MOTION: Mayor Pro Tem Miller moved to approve consent items a-n. Council Member Toten seconded. Motion carried 6-0. a. Approve the City Council Meeting Minutes for April 25, 2023. (City Secretary Carrie Land) b. Review minutes of the April 3, 2023 Planning & Zoning Commission Meeting. (Planning Manager Lauren Mecke) c. Approve a Resolution regarding the Affi Addition, Block A, Lot 2-R, Replat. (Planning Manager Lauren Mecke) Automotive repair, major on one lot on 2.1± acres located at the southeast corner of W. White Street and Standridge Boulevard (CR 286). Zoned: I-1 Light Industrial. The Replat is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AFFI ADDITION, BLOCK A, LOT 2-R, REPLAT. d. Approve a Resolution regarding the Affi Addition, Block A, Lot 2-R, Site Plan. (Planning Manager Lauren Mecke) Automotive repair, major on one lot on 2.1± acres located at the southeast corner of W. White Street and Standridge Boulevard (CR 286). Zoned I-1 Light Industrial (I-1). The Site Plan is in conformance with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose of the Site Plan is to show the proposed automotive repair, major site improvements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AFFI ADDITION, BLOCK A, LOT 2-R, SITE PLAN. e. Approve a Resolution regarding the Anna Christian Fellowship Addition, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) Religious facility and two accessory structures on one lot on 5.0± acres located on the south side of County Road 376, 1,875± feet east of County Road 427. Located within the Extraterritorial Jurisdiction (ETJ). The Final Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. The purpose of the Final Plat is to dedicate lot and block boundaries, and easements necessary for the development of a religious facility. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA CHRISTIAN FELLOWSHIP ADDITION, BLOCK A, LOT 1, FINAL PLAT f. Approve a Resolution regarding the Anna Municipal Complex Addition, Block A, Lot 1, Replat. (Planning Manager Lauren Mecke) Civic Center on one lot on 8.2± acres, located at the northeast corner of W. 7th Street and N. Powell Parkway. Zoned Planned Development (Ord. No. 831-2019). The Replat is in conformance with the adopted Planned Development standards and city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose for the Replat is to dedicate lot and block boundaries, and abandon and dedicate easements necessary for the existing development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ANNA MUNICIPAL COMPLEX ADDITION, BLOCK A, LOT 1, REPLAT g. Approve a Resolution regarding the Arden Park Phase I, Final Plat. (Planning Manager Lauren Mecke) 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, five common area lots, and two commercial lots on 20.4± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: C-1 Restricted Commercial (C-1), SF-Z Single-Family Residence District – Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961-2022 & Ord. No. 1009-2022). The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose of the Final Plat is to dedicate rights-of-way, lot and block boundaries, and easements necessary for the single-family residential development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK PHASE I, FINAL PLAT. h. Approve a Resolution regarding the Arden Park Phase I, Site Plan. (Planning Manager Lauren Mecke) 60 Single-family dwelling, detached lots, 27 single-family dwelling, attached lots, and five common area lots on 16.05± acres located at the southwest corner of W. White Street and Slater Creek Road. Zoned: SF-Z Single- Family Residence District – Zero Lot Line Homes (SF-Z), and Planned Development-SF-TH Townhome District (PD-SF-TH) (Ord. No. 961-2022 & Ord. No. 1009-2022). The Site Plan is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose of the Site Plan is to show the proposed single-family residential development site improvements. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING ARDEN PARK PHASE I, SITE PLAN. i. Approve a Resolution regarding the Goolsby Addition, Block A, Lot 1, Final Plat. (Planning Manager Lauren Mecke) One lot on 14.6± acres located on the east side of Private Road 5445, 520± feet north of County Road 971. Located in the Extraterritorial Jurisdiction (ETJ). The Final Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. The purpose for the Final Plat is to dedicate lot and block boundaries, and easements necessary for future development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING GOOLSBY ADDITION, BLOCK A, LOT 1, FINAL PLAT j. Approve a Resolution regarding the Leonard Trails Phase 1, Preliminary Plat. (Planning Manager Lauren Mecke) 161 Single-family dwelling, detached lots and 15 common area lots on 42.7± acres, located on the east and west side of Leonard Avenue, 350± feet south of E. White Street. Zoned Planned Development (Ord. No. 1027- 2023-01). The Preliminary Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning and Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose of the Preliminary Plat is to propose right-of-way, lot and block boundaries and easements necessary for the future construction of the single-family residential development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING LEONARD TRAILS, PHASE 1, PRELIMINARY PLAT k. Approve a Resolution regarding the Parks at Hurricane Creek, Preliminary Plat. (Planning Manager Lauren Mecke) 322 Single-family dwelling, attached lots, 12 common area lots, and one vacant lot on 77.9± acres located on the north side of Farm-to-Market Road 455, 3,830± feet west of Standridge Boulevard. Zoned Planned Development (Ord. No. 1015-2022). The Preliminary Plat is in conformance with the adopted Planned Development standards and the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose of the Preliminary Plat is to propose right-of-way, lot and block boundaries and easements necessary for the future construction of the single-family residential development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING THE PARKS AT HURRICANE CREEK, PRELIMINARY PLAT. l. Approve a Resolution regarding the DP McKinney RV Park Addition, Block A, Lot 1, Development Plat. (Planning Manager Lauren Mecke) One lot on 75.5± acres located on the east side of Bourland Bend, 3,200± feet south of Cowan Road. Located in the Extraterritorial Jurisdiction (ETJ). The Development Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING DP MCKINNEY RV PARK ADDITION, BLOCK A, LOT 1, FINAL PLAT. m. Approve a Resolution regarding the Twin Creeks Addition, Block A, Lot 50R, Final Plat. (Planning Manager Lauren Mecke) One lot on 10.0± acres located on the south side of Twin Creeks Circle, 720± feet east of Gleason Lane. Located in the Extraterritorial Jurisdiction (ETJ). The Final Plat is in conformance with the city’s Subdivision Regulations. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department and the on-site sewage facility review by Collin County Development Services. The purpose for the Final Plat is to dedicate easements necessary for future development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING TWIN CREEKS ADDITION, BLOCK A, LOT 50R, FINAL PLAT n. Approve a Resolution regarding the Waters Creek, Block B, Lot 1, Final Plat. (Planning Manager Lauren Mecke) Multiple-family residence on one lot on 19.5± acres located on the west side of future Persimmon Drive, 350± feet south of W. White Street. The property is currently zoned Planned Development-C-1 Restricted Commercial/MF-2 Multiple-Family Residential – High Density/SF-60 Single-Family Residence District (Ord. No. 978-2022 & 861-2020). The Final Plat is in conformance with the adopted Planned Development standards and with the city’s Subdivision Regulations and Zoning Ordinances. The Planning & Zoning Commission recommended approval subject to additions and/or alterations to the engineering plans as required by the Public Works Department. The purpose of the Final Plat is to dedicate lot and block boundaries, and easements necessary for the multiple-family residence development. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A FINAL PLAT OF WATERS CREEK, BLOCK B, LOT 1. 6. Items For Individual Consideration. a. Consider/Discuss/Action on adding local option property tax exemptions for FY2024. (Budget Manager Terri Doby) Prior to FY2023, the City of Anna offered a $30,000 exemption in the Over 65 category. In June of 2022, a 1% ($5,000 minimum) General Homestead Exemption was added. In a workshop at the April 25th City Council meeting, Council was presented the choices that the City of Anna has regarding the structure of local property taxes. At that time, City Council was told that an item to establish those exemptions would be presented at a future meeting. The Texas Property Tax Code requires that all decisions regarding exemptions for the upcoming year be adopted by the taxing unit by July 1st. All real and tangible personal property located in the state is taxable unless an exemption is required or permitted by the Texas Constitution. Local taxing units can offer a variety of partial or total exemptions from property appraised values. Local option exemptions are one way for cities to lower the property tax bill of their residents. Tonight, staff is asking for the City Council to set local option property tax exemptions for FY2024. b. Hackberry Drive (Interim City Manager Ryan Henderson) I. Consider/Discuss/Action on an Ordinance Amending the FY2023 Roadway Impact Fees Fund and Water Impact Fees Fund budgets. II. Consider/Discuss/Action to approve a Resolution for the City Manager to execute a contract with 308 Construction to construct Hackberry Lane between Highway 5 and Bamborough Dr. This is a major connection for the West Crossing neighborhood to HWY 5. This road is also on the master thoroughfare plan. With regards to the budget amendment, the FY2023 Budget was adopted by the City Council on September 13, 2022. According to the City Charter, the City Council may, by the affirmative vote of a majority of the full membership of the City Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. The project includes approximately 1,015 linear feet of paving, drainage improvements, and water improvements on Hackberry Drive from Bamborough Drive to State Highway 5. Hackberry Drive and associated water main ($1,126,000): The City of Anna already has an active CIP project for improving Hackberry Drive from State Highway 5 to Bambrough Drive. This amendment will provide funding for two additional scope items: replacement of the existing six-inch water main underneath the road with a new eight-inch PVC water main; and replacement of an existing section of Hackberry west of the project where the southern lane has failed and broken away from the rest of the pavement. MOTION: Mayor Pike moved to approve item 6.b.I. Council Member Toten seconded. Motion carried 6-0. AN ORDINANCE AMENDING ORDINANCE NO. 1002-2022 ADOPTING THE BUDGET FOR THE 2022-2023 FISCAL YEAR; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. MOTION: Mayor Pro Tem Miller moved to approve item 6.b.II. Council Member Ussery seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS, AWARDING THE HACKBERRY DRIVE ROADWAY IMPROVEMENT PROJECT LOCATED BETWEEN BAMBOROUGH DRIVE AND STATE HIGHWAY 5 TO 308 CONSTRUCTION, LLC, IN THE AMOUNT NOT TO EXCEED TWO MILLION TWO HUNDRED AND THREE THOUSAND FOUR HUNDRED AND SIXTY-EIGHT DOLLARS AND EIGHT TEEN CENTS ($2,203,468.18) THIS MONEY DOES INCLUDE TWO HUNDRED THOUSAND THREE HUNDRED AND FIFTEEN DOLLARS AND THIRTY-ONE CENTS (200,315.31) FOR CONTINGENCY MONEY. c. Consider/Discuss/Action Approve Resolution for the City Manager to sign an agreement with Grantham & Associates approving the design for the Slater Creek Water line. (CIP Manager Justin Clay) The existing water main is below the minimum required public main size of 2-inches as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. This item is for consideration to authorize the City Manager to sign an agreement for the design of public water system improvements along Slater Creek Road. Slater Creek Road is a private road with a utility easement which contains a dead-end 1-1/2-inch water main serving 10 properties located in the Extraterritorial Jurisdiction of the City of Anna. The water main is owned and operated by the City of Anna. The road is located on the south side of FM 455 between Westfield Drive and West Crossing Boulevard. The 1-1/2-inch water main is undersized and in poor condition. It does not provide adequate flow for firefighting activities. Due to the geometry of the road, the furthest distance from an existing home on Slater Creek Road to a fire hydrant on an adequate water main at FM 455 is over 3,000 feet. In addition, the water main is below the minimum allowable size for a public water main as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. Staff recommends that this project move forward in order to improve the level of service and meet the future needs of the area. If approved, construction funding will be considered in the FY2023-2024 Budget as a Capital Improvement Plan project. MOTION: Council Member Atchley moved to approve. Mayor Pro Tem Miller seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GRANTHAM & ASSOCIATES, INCORPORATED FOR ENGINEERING DESIGN SERVICES RELATED TO THE SLATER CREEK ROAD WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. d. Consider/Discuss/Action to enter into an Agreement with Birkhoff, Hendricks, and Carter, LLC for the engineering design of the Twin Creek Circle Water Main Rehabilitation project. (CIP Manager Justin Clay) The existing water main is at the maximum number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. This item is for consideration to authorize the City Manager to sign an agreement for the design of public water system improvements along Twin Creek Circle in the City's Extraterritorial Jurisdiction. The existing water line on Twin Creek Circle is an undersized two-inch water main which poses a safety concern. It does not provide enough volume and pressure to fight a fire in this area. The City has also received multiple requests from neighbors to upsize the line on Twin Creek Circle to allow for the addition of new homes. In accordance with the Texas . In addition, if approved, construction funding would be considered to be added into the Capital Improvement Plan for the City in the Fiscal Year 2023-2024 Budget. MOTION: Council Member Toten moved to approve. Council Member Ussery seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND BIRKHOFF, HENDRICKS, & CARTER, L.L.C.,FOR ENGINEERING DESIGN SERVICES RELATED TO THE TWIN CREEK CIRCLE WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. e. Consider/Discuss/Action to enter into an Agreement with Grantham & Associates for the Engineering and Design of the Quail Creek Run Water Main Rehabilitation. (CIP Manager Justin Clay) The existing water main is at the maximum number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. This item is for consideration to authorize the City Manager to sign an agreement for the design of public water system improvements along Quail Creek Run. The existing water line on Quail Creek Run is an undersized two-inch water main in poor condition. It does not provide enough volume and pressure to fight a fire in this area. The City has also received multiple requests for new water meters on Quail Creek run for the addition of new homes. In addition, the water main has 16 existing connections, which exceeds the maximum allowable number of connections to a public water main, which is 10, as determined by the Texas Commission on Environmental Quality's rules in the Texas Administrative Code, 30 TAC §290.44(c). No new connections can be made to the water main until it is increased in size. Staff recommends that this project move forward in order to improve the level of service and meet the future needs of the area. If approved, construction funding will be considered in the FY2023-2024 Budget as a Capital Improvement Plan project. MOTION: Council Member Atchley moved to approve. Council Member Cain seconded. Motion carried 6-0. A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT SPECIFIC PURCHASE ORDER FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF ANNA, TEXAS AND GRANTHAM & ASSOCIATES, INCORPORATED FOR ENGINEERING DESIGN SERVICES RELATED TO THE QUAIL CREEK RUN WATER IMPROVEMENT PROJECT, IN A FORM APPROVED BY THE CITY ATTORNEY, PER THE PROPOSAL SHOWN IN EXHIBIT “A” ATTACHED HERETO, AND PROVIDING FOR AN EFFECTIVE DATE. f. Acting as the Anna Public Facility Corporation Board of Directors, Consider/Discuss/Action on approving a Memorandum of Understanding with JPI Real Estate Acquisition II, LLC for a multifamily project. (Director of Economic Development Joey Grisham) JPI Real Estate Acquisition II, LLC requested the City Council postpone this item to a later date. The City Council requested this project be brought back as a work session item. MOTION: Council Member Atchley moved to postpone. Mayor Pro Tem Miller seconded. Motion carried 5-1. Council Member Toten opposed. g. Consider/Discuss/Action on a Work Session Item for Future Agenda: Senior Transit (Councilman Lee Miller) MOTION: Mayor Pike moved to add senior transit to a future agenda item, as part of that motion, make sure that we count into our current discussions regarding budget homestead exemptions need to be factored into these preliminary costs. Mayor Pro Tem Miller seconded. Motion carried 6-0. 7. Closed Session (Exceptions). Under Tex. Gov't Code Chapter 551, the City Council may enter into Closed Session to discuss any items listed or referenced on this Agenda under the following exceptions: a. Consult with legal counsel regarding pending or contemplated litigation and/or on matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Government Code (Tex. Gov’t Code §551.071). Utilities Facilities. b. Discuss or deliberate the purchase, exchange, lease, or value of real property (Tex. Gov’t Code §551.072). c. Discuss or deliberate Economic Development Negotiations: (1) To discuss or deliberate regarding commercial or financial information that the City has received from a business prospect that the City seeks to have locate, stay, or expand in or near the territory of the City of Anna and with which the City is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by subdivision (1). (Tex. Gov’t Code §551.087). d. Discuss or deliberate personnel matters (Tex. Gov’t Code §551.074). Boards and Commissions MOTION: Mayor Pro Tem Miller moved to approve. Council Member Cain seconded. Motion carried 6-0. Mayor Pike recessed the meeting at 6:56 PM. Mayor Pike reconvened the meeting at 7:31 PM. 8. Consider/Discuss/Action on any items listed on any agenda - work session, regular meeting, or closed session - that is duly posted by the City of Anna for any City Council meeting occurring on the same date as the meeting noticed in this agenda. No action was taken. 9. Adjourn. Mayor Pike adjourned the meeting at 7:31 PM. Approved on the 23rd day of May 2023 ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Neighbor Julia Norvell presented to Councilduring Neighbor's Comments. Special City Council Meeting Meeting Minutes Tuesday, May 16, 2023 @ 6:00 PM Anna Municipal Complex - Council Chambers 120 W. 7th Street, Anna, Texas 75409 The City Council of the City of Anna met on May 16, 2023 at 6:00 PM in the Anna Municipal Complex- Council Chambers, located at 120 W. 7th Street, to consider the following items. 1. Call to Order, Roll Call, and Establishment of Quorum. Mayor Pike called the meeting to order at 6:05 PM. Members Present: Mayor Nate Pike Mayor Pro Tem Lee Miller Council Member Stan Carver Council Member Danny Ussery Council Member Pete Cain Members Absent: Deputy Mayor Pro Tem Randy Atchley Council Member Kevin Toten 2. Invocation and Pledge of Allegiance. Mayor Pike led the Invocation and Pledge of Allegiance. 3. Neighbor Comments. No comments were given. 4. Items For Individual Consideration. a. Consider/Discuss/Action on an Ordinance Canvassing the City of Anna, May 6th General Election. (City Secretary Carrie Land) Canvass is a mandatory, ministerial duty. Each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority’s presiding officer not later than the 11th day after Election. Section 67.004 provides that the presiding officer of the canvassing authority shall note the completion of the canvass in the minutes or in the recording required by Section 551.021 of the Government Code: City Council, Place 3 Bryan F. Heath received 151 votes, being 20.32% of total votes. Stan Carver II received 352 votes, being 47.38% of total votes. Kelly Herndon received 240 votes, being 32.30% of total votes. City Council, Place 5 Elden Baker received 390 votes, being 53.28% of total votes. Danny Ussery received 342 votes, being 46.72% of total votes. MOTION: Mayor Pro Tem Miller moved to approve. Council Member Ussery seconded. Motion carried 5-0. AN ORDINANCE OF THE CITY OF ANNA, TEXAS CANVASSING THE RETURNS OF A GENERAL ELECTION OF TWO CITY COUNCIL MEMBERS, ALL FOR THREE-YEAR TERMS EXPIRING MAY 2026. b. Consider/Discuss/Action on an Ordinance Calling a Runoff Election June 10, 2023. (City Secretary Carrie Land) Under Texas law, if a candidate does not receive enough votes to be elected in an election requiring a majority vote, a runoff election is required for the candidates who receive the highest and second highest number of votes. In accordance with Article 5, Section 5.04(a) of the Charter of the City of Anna, Texas (“City”), a runoff election is required if no candidate for a City elective office receives a majority of the votes cast. The City of Anna City Council (“Council”) is required to order such a runoff election not later than the fifth day after the final canvass of the main election is completed. Based on unofficial results reports from Collin County of the election held on May 6, 2023, it appears that no candidates for Place 3 on the Council received a majority of the votes cast. It is necessary that the Council order a runoff election to be held on the 10th day of June, 2023, from 7:00 a.m. to 7:00 p.m., for the purpose of electing one council member for Place 3. Stan Carver II received 352 votes, being 47.38% of total votes. Kelly Herndon received 240 votes, being 32.30% of total votes. MOTION: Mayor Pike moved to approve. Council Member Cain seconded. Motion carried 5-0. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, ORDERING A RUNOFF ELECTION TO BE HELD ON JUNE 10, 2023, FOR THE PURPOSE OF ELECTING ONE CITY COUNCIL MEMBER; DESIGNATING POLLING PLACES; ORDERING NOTICES OF ELECTION TO BE GIVEN; AUTHORIZING EXECUTION OF ELECTION CONTRACTS; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. c. Consider/Discuss/Action on 2023 appointments to City Board of Adjustments. (Interview Committee) Responsibilities The Board of Adjustment hears and determines appeals of administrative decisions, petitions for variances in the case of peculiar and unusual circumstances which would prevent the reasonable use of land and such other matters as may be required by the City Council or law. Meetings The BOA meets as needed to hear an appeal request. The meetings of the BOA are generally held at the Municipal Complex - Council Chamber, 120 W. 7th Street, Anna, Texas. Board Members The Board consists of five members appointed by the City Council to serve for two-year staggered terms. Current members of the Board are: Place 1 - Jon Hendricks Place 2 - Jody L. Bills Place 3 - Greg Williams Place 4 - Choya Morrison Place 5 - Tony Bellefond Alternates: Place 1A - Vacant Place 2A - Vacant Nominees are: Place 1 Jon Hendricks Place 3 Ashley Bergerson Place 5 Travis Bates Alternate 1 Chad Fisher Alternate 2 Michael Oliveraz MOTION: Council Member Ussery moved to approve. Council Member Carver seconded. Motion carried 5-0. d. Consider/Discuss/Action on 2023 appointments to City Diversity and Inclusion Advisory Commission. (Interview Committee) Responsibilities The Diversity and Inclusion Advisory Commission is a seven-member Commission that advises the City Council on diversity and inclusion related matters. Mission Statement The mission of the City of Anna Diversity and Inclusion Advisory Commission is to promote unity and equality through education, awareness, and community involvement within the City of Anna. Vision Statement The vision of the City of Anna Diversity and Inclusion Advisory Commission is to be the model of excellence in diversity leadership. Meetings Unless otherwise posted, the Commission meets at 6:30 p.m. on the 4th Monday of each month at the Municipal Complex, 120 W. 7th Street, Anna, Texas. Subcommittees The Commission has established five subcommittees on different areas of community engagement. Current Subcommittees Chamber and Local Business Subcommittee Community Events and Programming Subcommittee Internal Processes Subcommittee Police and Public Safety Subcommittee Youth Subcommittee Board Members The Commission consists of seven members appointed by the City Council to serve for two-year staggered terms. Current Members of the Board Place 1 – Theresa R. King-Bell Place 2 – Dallen Morgan Place 3 – Alfredo Fernandez Place 4 – Elijah Nelms Place 5 – Sinisa Slavnic Place 6 – Yoshanda Sims Place 7 – Elizabeth M. Knap Council Liaison Council Member Danny Ussery Nominees for the D&I Board are as follows: Place 1 Theresa Bell King Place 3 Valencia Edwards Place 5 David Rodriguez Place 7 Rahul Luthra MOTION: Mayor Pike moved to approve. Mayor Pro Tem Miller seconded. Motion carried 5-0. e. Consider/Discuss/Action on 2023 appointments to the Parks Advisory Commission (Interview Committee) Responsibilities The Parks Advisory Board is a seven-member Board that advises the City Council on park related matters. Meetings Unless otherwise posted, the Board meets at 6 p.m. on the third Monday of each month at the Municipal Complex, 120 W. 7th Street, Anna, Texas. Board Members The Board consists of seven members appointed by the City Council to serve for two-year staggered terms. Current members of the Board are: Place 1 - Jon Schwyzer Place 2 - Jeff Reece Place 3 - Elden Baker Place 4 - Andy Michrina Place 5 - Mackenzie Jenks Place 6 - Eirik A. Hansen Place 7 - Donald Henke Council Liaison Council Member Stan Carver II Nominations for the Parks Advisory Board are as follows: Place 1 Chad Fisher Place 3 Tim Cox Place 5 Mackenzie Jenks Place 7 Susan Jones MOTION: Mayor Pro Tem Miller moved to approve. Council Member Ussery seconded. Motion carried 5-0. f. Consider/Discuss/Action on 2023 appointments to the Economic Development Corporation and Community Development Corporation Boards (Interview Committee) EDC/CDC Board Members Place 1: Jody Bills (Vice President) Place 2: Rocio Gonzalez (Secretary) Place 3: Kylee Kelley Place 4: Bruce Norwood (President) Place 5: Gina Maria Ottavio Place 6: Ronald Kerr Place 7: Michelle Hawkins Nominees for the Economic Development Corporation and Community Development Corporation Boards are as follows: Place 1 Jody Bills Place 3 Kylee Kelley Place 5 Allison Inesta Place 7 Michelle Hawkins MOTION: Mayor Pro Tem Miller moved to approve. Council Member Carver seconded. Motion carried 5-0. g. Consider/Discuss/Action on 2023 appointments to the Planning and Zoning Commission (Interview Committee) Responsibilities The Planning and Zoning Commission is a seven-member Board that reviews and considers submitted site plans and plats, makes recommendations to the City Council on Zoning Ordinance amendments, Comprehensive Plan amendments, Specific Use permits and re-zoning requests. Meetings Unless otherwise posted, the Board meets at 7 p.m. on the first Monday of each month at the Municipal Complex - Council Chambers, 120 W. 7th Street, Anna, Texas. Board Members The Board consists of seven members appointed by the City Council to serve for two-year staggered terms. Current members of the Board are: Place 1 - Staci Martin Place 2 - David Nylec Place 3 - Dennis Ogan Place 4 - Douglas J. Hermann Place 5 - Kelly Patterson- Herndon Place 6 - Michelle Y. Clemens Place 7 - Paul Wenzel Council Liaison Council Member Randy Atchley Nominees for the Planning and Zoning Commission are as follows: Place 1 Staci Martin Place 3 Jessica Walden Place 5 Kelly Herndon Place 7 Matt Blanscett MOTION: Mayor Pike moved to approve. Mayor Pro Tem Miller seconded. Motion carried 5-0. 5. Adjourn. Mayor Pike adjourned the meeting at 6:19 PM. Approved on the 23rd day of May 2023. ________________________________ ATTEST: Mayor Nate Pike ________________________________ City Secretary Carrie L. Land Item No. 6.b. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Kimberly Winarski AGENDA ITEM: Approve a Special Event Permit for 3rd Annual Juneteenth Community Block Party (Assistant to the City Manager Kimberly Winarski). SUMMARY: The annual community Juneteenth event has moved to Baldwin Park for 2023 to accommodate for the ongoing construction at Slayter Creek Park, now requiring a special event permit because of the location. The neighbors putting on the event requested the city work with them on some of the fees and costs related to the event because of the location change. The event has a lot of community support as well as Council support, and the neighbors putting on the event have demonstrated success in the prior Juneteenth community events. FINANCIAL IMPACT: The financial impact is minimal. We will waive the $50 Special Event Permit fee as well as the $300 refundable deposit for the event. The city will also reimburse funds for a bounce house at the event and we anticipate the cost will be about $300. BACKGROUND: Shatequa Shaw and a group of neighbors have been putting on an annual Juneteenth event in the City of Anna since 2021. This year's event is anticipated to be on June 17th, 2023 from 2 - 8 p.m. at Baldwin Park. There will be music, food, and games for neighbors to enjoy. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Neighborly. ATTACHMENTS: Item No. 6.c. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Joey Grisham AGENDA ITEM: Review Minutes of the April 6, 2023, Joint Community Development Corporation and Economic Development Corporation Board Meetings. (Director of Economic Development Joey Grisham) SUMMARY: Approve FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: This item has no strategic connection. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. April 6 2023 CDC EDC Joint Meeting Minutes_Signed Item No. 6.d. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Jeff Freeth AGENDA ITEM: Review Minutes for the April 17, 2023 Parks Advisory Board Meeting. (Assistant Director of Neighborhood Services Jeff Freeth) SUMMARY: Review Minutes for the April 17, 2023 Parks Advisory Board Meeting. FINANCIAL IMPACT: Not applicable BACKGROUND: Review Minutes for the April 17, 2023 Parks Advisory Board Meeting. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing: Goal 4 High Performing Professional City Objective: Have open and transparent City government that is trusted by the neighbors (3). Value to Neighbors: Opportunities to become involved in the City’s governance process (6). ATTACHMENTS: 1. April 17th Parks Advisory Board Minutes (signed) Item No. 6.e. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Terri Doby AGENDA ITEM: Review Monthly Financial Report for the Month Ending April 30, 2023. (Budget Manager Terri Doby) SUMMARY: The City of Anna's financial policies require the publication of a financial report monthly. This report covers the financial performance for Fiscal Year 2023 through April 30, 2023. Enclosed in the report is an executive dashboard that provides a high level look at major funds along with detailed reporting of sales tax collections. FINANCIAL IMPACT: Information only BACKGROUND: The FY2023 Budget was adopted on September 13, 2022. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Excellent. ATTACHMENTS: 1. FY2023 City Council Monthly Financial Report April Positive Positive variance compared to historical trends Warning Negative variance of 3%-5% compared to historical trends Negative Negative variance of >5% compared to historical trends FY2023 FY2023 % Budget YTD REVENUES General Fund Property Taxes 9,418,264$ 9,702,358$ 103.0%Property taxes are collected in January and February. Sales Tax 4,293,100 2,006,565 46.7%Remitted from the Comptroller with lag time of 30 - 60 days; Includes six months of remittances. Franchise and Local Taxes 825,000 - 0.0%Payments are generally quarterly. Charges for Services 273,000 406,740 149.0% Fines 300,000 195,526 65.2% Permits, Licenses and Fees 4,305,000 2,446,878 56.8% Investment Income 50,000 62,475 125.0% Other Revenues 16,300 83,782 514.0% Revenue Total 19,480,664$ 14,904,324$ 76.5%With 58.3% of the year expired, revenues recorded are at 76.5% of budget. EXPENDITURES General Fund Expense Total 20,206,379$ 10,625,785$ 52.6%With 58.3% of the year expired, expenses are 52.6% of budget. . Utility Fund REVENUES Water Sales 6,510,000$ 4,268,290$ 65.6% Wastewater Charges 5,640,263 3,091,430 54.8% Sanitation Revenue 1,760,000 1,329,948 75.6% Other Charges for Services 802,000 473,530 59.0% Permits, Licenses and Fees 461,000 641,921 139.2% Investment Income 20,000 27,882 139.4% Other Revenues 7,200 1,171 16.3% Utility Fund Total 15,200,463$ 9,834,172$ 64.7%With 58.3% of the year expired, revenues recorded in the General Ledger are at 64.7% of budget. EXPENDITURES Utility Fund Expense Total 14,425,479$ 10,849,215$ 75.2% With 58.3% of the year expired, expenses are 75.2% of budget, the result of increased revenues, the first of two yearly debt service payments, and issues of timing CITY OF ANNA GENERAL & UTILITY FUNDS DASHBOARD Through April 30, 2023 Favorable / Unfavorable % Change 2022-23 Collections from 2021-22 Collections Monthly Prior Year Monthly October 522,386$ 25.2% 417,343$ November 542,873 12.3% 483,556 December 622,388 12.7% 552,138 January 454,358 4.4% 435,037 February 463,016 11.3% 416,044 March 605,483 3.7% 583,700 April 494,472 May 511,309 June 583,874 July 570,950 August 533,224 September 575,011 3,210,504$ 6,156,658$ Budget: 6,753,000 47.5% 4,300,000 CITY OF ANNA Schedule of Sales Tax Collections For the month March 31, 2023 $0 $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 $700,000 Monthly Sales Tax Collections: 3 Year Comparison FY2020-21 FY2021-22 FY2022-23 Fiscal Year 2022-23 Fiscal Year 2021-22 Monthly Monthly October 1 85 November 39 81 December 17 52 January 16 105 February 32 57 March 129 285 April 124 101 May 43 June 81 July 19 August 131 September 31 358 1,071 % Budget FY2023 Budget: 1,100 32.5% CITY OF ANNA Building Permits Issued Thru the month April 30, 2023 0 50 100 150 200 250 300 Monthly Building Permits Received: 2 Year Comparison FY2022-23 FY2021-22 Item No. 6.f. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Joey Grisham AGENDA ITEM: Acting as the Board of Directors of the Anna Public Facility Corporation, adopt a resolution repealing and replacing bylaws of the corporation and directing the filing a statement changing registered agent and registered agent address. (Director of Economic Development Joey Grisham) SUMMARY: This resolution repeals and replaces the previous Anna PFC bylaws by updating the registered agent and address as well as other minor edits. FINANCIAL IMPACT: N/A BACKGROUND: The PFC Board approved the original bylaws in September 2021 and updates were necessary. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. PFC Res Bylaws C03029D20230516CR1 - bylaws attached Anna PFC Resolution No. ___________________________ Page 1 RESOLUTION NO. __________ A RESOLUTION OF THE ANNA PUBLIC FACILITY CORPORATION REPEALING AND REPLACING BYLAWS OF THE CORPORATION AND DIRECTING THE FILING WITH THE TEXAS SECRETARY OF STATE’S OFFICE A STATEMENT CHANGING REGISTERED AGENT AND REGISTERED AGENT ADDRESS WHEREAS, the City of Anna, Texas (the “City”) duly created the Anna Public Facility Corporation (the “Corporation”) under Chapter 303 of the Texas Local Government Code, as amended (the “Act”); and WHEREAS, the City previously approved bylaws for the Corporation; and WHEREAS, the Board of Directors of the Corporation (the “Board”) desires to repeal and replace the previous bylaws with the “Anna Public Facility Corporation Bylaws” attached hereto as Exhibit “A” and incorporated as if fully set forth herein (the “Bylaws”); and WHEREAS, the Board further desires to change the Corporation’s registered agent and the address of its registered agent in accordance with this resolution; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE ANNA PUBLIC FACILITY CORPORATION: SECTION 1. Findings. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein and are adopted as a part of the judgment and findings of the Board. The Board finds and determines that it is wise, expedient, necessary, and advisable that the Corporation’s bylaws be repealed and replaced and that the Corporation change its registered agent and the address of its registered agent. SECTION 2. Bylaws. The Board hereby repeals and replaces the Corporation’s bylaws with the bylaws attached as Exhibit “A”, subject to the approval of the City Council of the City of Anna, Texas. SECTION 3. Registered Agent. The Board hereby directs its staff to file all statements and documents with the Texas Secretary of State necessary to change its registered agent to be Ryan Henderson, an individual, to change the address for its registered agent to 120 W. 7th St., Anna, Texas 75409 and to otherwise update its corporate filings as necessary. SECTION 4. Cumulative Clause. This resolution shall be cumulative of all provisions of state or federal law and other resolutions of the Board, except where the provisions of this Resolution are in direct conflict with the provisions of such resolutions, in which event the conflicting provisions of such resolutions are hereby repealed. SECTION 5. Severability Clause. If any provision, section, subsection, sentence, clause or phrase of this resolution, or the application of same to any person or set circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity Anna PFC Resolution No. ___________________________ Page 2 of the remaining portions of this resolution of the application thereby shall remain in effect, it being the intent of the Board in adopting this resolution, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision. SECTION 6. Effective Date. This resolution shall take effect immediately from and after its passage. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Anna Public Facility Corporation on this the 23rd day of May 2023. Stan Carver II, President ATTEST: ________________, Secretary Anna Public Facility Corporation – Bylaws Page 1 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION BYLAWS ARTICLE I OFFICES SECTION 1.01. Principal Office. The principal office of the Anna Public Facility Corporation (the "Corporation'') shall be at 120 W. 7th Street, Anna, Texas 75409. ARTICLE II DIRECTORS SECTION 2.01. General Authority. The affairs of the Corporation shall be managed by a board of directors (the "Board") which shall be composed in its entirety of persons appointed by and whose terms of office shall be fixed by the governing body of the City of Anna, Texas (the "City"). The property and business of the Corporation shall be managed by the Board which may exercise all powers of the Corporation and do all lawful acts. SECTION 2.02. Membership. The Board of Directors shall consist of seven (7) directors, which shall be composed of the City of Anna, Texas, City Council (“City Council”), including the Mayor and members of the City Council. The board of directors shall automatically change each time the councilmembers of the City change. Any director shall cease to be a director at the time he or she ceases to be a Councilmember of the City. SECTION 2.03. Meetings; Notice. Meetings of the Board shall be called as necessary and shall normally be held jointly with a City Council meeting. Special meetings may also be called as necessary. All Board meetings shall be open to the public (subject to closed session exceptions) and shall be noticed and conducted in accordance the Texas Open Meetings Act, Texas Government Code, Chapter 551. Meetings may be held at the place selected by the Board within the boundaries of the State of Texas. SECTION 2.04. Remote Meetings. To the extent permitted under the Texas Open Meetings Act, Texas Government Code, Chapter 551, the Board may meet regularly or specially by means of conference telephone or similar communications equipment that permits all individuals participating in the meeting to hear one another and such participation shall constitute presence in person at the meeting. SECTION 2.05. Quorum. At all meetings of the Board the presence of a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board, except as may be otherwise specifically provided by the Texas Anna Public Facility Corporation – Bylaws Page 2 Public Facility Corporation Act (Chapter 303, Texas Local Government Code, as amended) (the "Act") or other applicable law. SECTION 2.06. Notice. All meeting notices must be in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.07. Action. Any action required by the Act to be taken must be taken at a duly noticed meeting open to the public in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.08. Ex-Officio Members. The City Manager or his or her respective designee, the City Finance Director, and any member of the governing body of the City or other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such person is a Council member and also a member of the Board appointed by the governing body of the City. SECTION 2.09. No Compensation. Directors and Officers shall receive no compensation for services rendered as directors or officers, but shall be reimbursed for all reasonable expenses incurred in performing their duties as directors. This shall not affect entitlement to compensation received by employees of the City who may be appointed as officers. SECTION 2.10 Ethics; Conflict of Interest. Directors and officers appointed by directors shall strictly adhere to all applicable provisions of state law, the City of Anna Home-Rule Charter and the City’s Ethics Code (Art. 2.07 Anna City Code of Ordinances). In addition to compliance with such laws, if a director or officer is aware that he/she has a conflict of interest with regard to any particular matter or vote coming before the Board, the director or officer shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director or officer shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director or officer, in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. The director or officer about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. SECTION 2.11. Public Records. Except as made confidential under the Texas Public Information Act or other law, the Corporation’s records are public records and the Corporation shall comply with the Texas Public Information Act. SECTION 2.12. Co mmittees. The Board may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the directors of the Corporation. Such committee or committees shall have such name or names, and such powers, as may be determined from time to time by resolution adopted by the Board of Directors. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Notwithstanding the foregoing, all Anna Public Facility Corporation – Bylaws Page 3 officials action of the Board must be taken in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. ARTICLE III NOTICES SECTION 3.01. Generally. Whenever under applicable law or these Bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, electronic mail or facsimile, addressed to such director at such address, electronic mail address or facsimile number as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed or transmitted by electronic mail or facsimile. SECTION 3.02. Waiver. Whenever any notice is required to be given under applicable law or of these Bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. A person’s attendance at a meeting shall constitute waiver of notice of such meeting. ARTICLE IV OFFICERS SECTION 4.01. Appointment. The officers of the Corporation shall be chosen by the Board. The Board shall choose from its members a President and a Vice President. The Board shall also choose a Secretary who may or may not be a member of the Board. Any two or more offices may be held by the same person, except the offices of President and Secretary. The Board shall choose such officers. SECTION 4.02. Term. The officers of the Corporation chosen pursuant to Section 4.01 shall serve for terms not longer than three years and may be reappointed to subsequent terms. SECTION 4.03. Other Officers. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. SECTION 4.04. Removal; Vacancy. Any officer elected or appointed by the Board may be removed at any time by the affirmative vote of a majority of the whole Board. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board. SECTION 4.05. City Officers. The Board shall have the right to utilize the services of the City Manager and his or her designee, the City Secretary, and the City Attorney provided (i) that the Corporation shall pay reasonable compensation for such services, and (ii) the performance of such service does not materially interfere with services required by the City. SECTION 4.06. The President. (a) The President shall be the chief executive officer of the Corporation and shall preside at all meetings of the directors. Anna Public Facility Corporation – Bylaws Page 4 (b) The President shall be an ex-officio member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. (c) The President shall execute bonds, mortgages, conveyances, assignments, notes and other contracts and instruments requiring a seal, under the seal of the Corporation, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board to some other officer or agent of the Corporation. The same person may not simultaneously hold the offices of President and Secretary. SECTION 4.07. The Vice President. The Vice President shall, in the absence or disability of the President, have the duties and exercise the powers of the President, and shall perform such other duties as the Board shall prescribe. Any action taken by the Vice President in the performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. SECTION 4.08. The Secretary. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings and shall perform like duties for the standing committees when required. He/She shall give, or cause to be given, notice of all special meetings of the Board and shall perform such other duties as may be prescribed by the Board or the President under whose supervision he/she shall be. He/She shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and, when so affixed, it shall be attested by his/her signature. And when the corporate seal is required as to instruments executed in the course of ordinary business, he/she shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Secretary shall attest to the signature of the President on all resolutions and other documents adopted and/or approved by vote of the Board. SECTION 4.09. Economic Development Director. The Economic Development Director shall be a full-time employee of the City and shall be the chief administrative officer of the Corporation, responsible for all daily operations and implementation of Board policies and resolutions. The Economic Development Director shall be appointed and managed by the City Manager. The Economic Development Director shall attend all called Board meetings and perform those duties and functions as the Board shall prescribe. . ARTICLE V FISCAL PROVISIONS SECTION 5.01. Fiscal Year. The fiscal year, unless otherwise determined by the Board, shall end September 30 of each year. SECTION 5.02. Expenditures. All checks or demands for money and notes of the Corporation shall be signed by such officer or officers or such other person or persons, including Anna Public Facility Corporation – Bylaws Page 5 the Executive Director, as the Board may from time to time designate, provided that in no event shall a check be negotiable until it is signed by at least one officer. SECTION 5.03. Policy. The Corporation shall adhere to the City’s Financial Policy to guide the overall financial condition and operations of the Corporation including without limitation compliance with applicable provisions of the Texas Public Funds Investment Act. SECTION 5.04. Debt Instruments. Notwithstanding anything to the contrary herein or in the Articles of Incorporation, the Corporation shall be required to obtain the consent of the City for issuing bonds, notes, certificates, notes or other obligations (“Obligations”). Obligations are limited obligations of the Corporation and are payable solely from the revenue, receipts, and other resources pledged to their payment. A bondholder or creditor may not compel the local government to pay the bond, the interest, or any redemption premium or other indebtedness. All proceeds from loans or from Obligations issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City and the City’s Finance Director shall be the Corporation’s investment officer. SECTION 5.05. Books, Records, Audits. The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. At the direction of the City Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff, and personnel of the City. The Corporation (or the City if the option described above is selected) shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation. Representatives of the City may inspect the books, records, accounts, and financial statements of the Corporation at any time. ARTICLE VI SEAL SECTION 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle "Anna Public Facility Corporation" and shall have inscribed in the inner circle the letters "T-E-X-A-S" and a five-pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. Anna Public Facility Corporation – Bylaws Page 6 ARTICLE VII AMENDMENTS SECTION 7.01. These Bylaws may be altered, changed, amended, or appealed or replaced at any meeting of the Board at which a quorum is present, provided notice of the proposed alteration, change, amendment, or repeal and replacement be contained in the notice of such meeting, by the affirmative vote of a majority of the directors. Before taking effect, the City Council must approve such alteration, change, amendment, or repeal and replacement of the Bylaws. ARTICLE VIII GENERAL PROVISIONS SECTION 8.01. Effective Date. These Bylaws shall become effective upon adoption by the Board of Directors and approval of the City Council. SECTION 8.02. Interpretation; Severability. These Bylaws and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. SECTION 8.03. Principal Office, Registered Office, Registered Agent. The principal office and the registered office of the Corporation shall be within the City at the address of the City Hall. The registered agent of the Corporation shall be the City Manager. Process may be served on the Corporation in accordance with applicable law. SECTION 8.04. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the President or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. SECTION 8.05. Immunity and Indemnity. (a) The Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) As provided in Section 303.037 of the Act, the Corporation shall indemnify each and every member of the Board, its officers and its employees and each member of the Board and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys’ fees, incurred by any Anna Public Facility Corporation – Bylaws Page 7 of such persons by reason of any actions or omissions that may arise out of the sanctions and activities of the Corporation; provided, however, that the Corporation may not provide indemnity in any manner if the director, officer, employee, or agent is guilty of negligence or misconduct in relation to the matter. The legal counsel for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. SECTION 8.06. Termination. The Corporation may not be terminated if it has outstanding Obligations. Upon the termination of the Corporation after payment of all Obligations of the Corporation, all remaining assets of the Corporation shall be transferred to the City’s general fund. Adopted and effective this 23rd day of May 2023. _____________________________ Stan Carver II, President CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of Anna Public Facility Corporation and that these Bylaws constitute the Corporation's Bylaws. These Bylaws were duly adopted by the Board of Directors to be effective as of the 23rd day of May 2023. ______________________________ _____________________, Secretary Item No. 6.g. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Joey Grisham AGENDA ITEM: Adopt a Resolution approving repealing and replacing bylaws of the Anna Public Facility Corporation. (Director of Economic Development Joey Grisham) SUMMARY: This Resolution repeals and replaces the previous Anna PFC bylaws by updating the registered agent and address as well as other minor edits. FINANCIAL IMPACT: N/A BACKGROUND: The City Council approved the original Ana PFC bylaws in September 2021 and updates were necessary. STRATEGIC CONNECTIONS: This item has no strategic connection. ATTACHMENTS: 1. PFC Council Res Bylaws C03029D20230516CR1 - bylaws attached City of Anna, Texas Resolution No. ___________________________ Page 1 RESOLUTION NO. __________ A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING BYLAWS FOR THE ANNA PUBLIC FACILITY CORPORATION AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Anna, Texas (the “City”) created a public facility corporation under Chapter 303 of the Texas Local Government Code, as amended and approved bylaws for the Corporation; and WHEREAS, the name of the public facility corporation created by the City is the Anna Public Facility Corporation (the “Corporation”); and WHEREAS, the Corporation desires to repeal and replace its bylaws by adopting the Bylaws attached hereto as Exhibit “A”; and WHEREAS, the City Council of the City of Anna, Texas (the “City Council”) has considered said Bylaws proposed to be used in governing the Corporation and has found and determined that they are in proper form and content and should be approved; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. Findings. The findings set forth above are incorporated into the body of this resolution as if fully set forth herein and are adopted as a part of the judgment and findings of the City Council. The City Council has found and determined, and hereby finds and determines, that it is wise, expedient, necessary, and advisable that the Corporation’s Bylaws be repealed and replaced. SECTION 2. Bylaws. The City Council hereby approves the Bylaws, a copy of which is attached as Exhibit “A”. SECTION 3. Cumulative Clause. This Resolution shall be cumulative of all provisions of state or federal law and other resolutions of the City of Anna, Texas, except where the provisions of this Resolution are in direct conflict with the provisions of such resolutions, in which event the conflicting provisions of such resolutions are hereby repealed. SECTION 4. Severability Clause. If any provision, section, subsection, sentence, clause or phrase of this resolution, or the application of same to any person or set circumstances for any reason is held to be unconstitutional, void or invalid or for any reason unenforceable, the validity of the remaining portions of this resolution of the application thereby shall remain in effect, it being the intent of the City Council of the City of Anna, Texas in adopting this resolution, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity of any portion or provision. City of Anna, Texas Resolution No. ___________________________ Page 2 SECTION 5. Effective Date. This resolution shall take effect immediately from and after its passage. PASSED, APPROVED AND ADOPTED by the City Council of the City of Anna, Texas, on this 23rd day of May 2023. Nate Pike, Mayor ATTEST: Carrie L. Land, City Secretary Anna Public Facility Corporation – Bylaws Page 1 EXHIBIT A ANNA PUBLIC FACILITY CORPORATION BYLAWS ARTICLE I OFFICES SECTION 1.01. Principal Office. The principal office of the Anna Public Facility Corporation (the "Corporation'') shall be at 120 W. 7th Street, Anna, Texas 75409. ARTICLE II DIRECTORS SECTION 2.01. General Authority. The affairs of the Corporation shall be managed by a board of directors (the "Board") which shall be composed in its entirety of persons appointed by and whose terms of office shall be fixed by the governing body of the City of Anna, Texas (the "City"). The property and business of the Corporation shall be managed by the Board which may exercise all powers of the Corporation and do all lawful acts. SECTION 2.02. Membership. The Board of Directors shall consist of seven (7) directors, which shall be composed of the City of Anna, Texas, City Council (“City Council”), including the Mayor and members of the City Council. The board of directors shall automatically change each time the councilmembers of the City change. Any director shall cease to be a director at the time he or she ceases to be a Councilmember of the City. SECTION 2.03. Meetings; Notice. Meetings of the Board shall be called as necessary and shall normally be held jointly with a City Council meeting. Special meetings may also be called as necessary. All Board meetings shall be open to the public (subject to closed session exceptions) and shall be noticed and conducted in accordance the Texas Open Meetings Act, Texas Government Code, Chapter 551. Meetings may be held at the place selected by the Board within the boundaries of the State of Texas. SECTION 2.04. Remote Meetings. To the extent permitted under the Texas Open Meetings Act, Texas Government Code, Chapter 551, the Board may meet regularly or specially by means of conference telephone or similar communications equipment that permits all individuals participating in the meeting to hear one another and such participation shall constitute presence in person at the meeting. SECTION 2.05. Quorum. At all meetings of the Board the presence of a majority of the directors shall be necessary and sufficient to constitute a quorum for the transaction of business and the act of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board, except as may be otherwise specifically provided by the Texas Anna Public Facility Corporation – Bylaws Page 2 Public Facility Corporation Act (Chapter 303, Texas Local Government Code, as amended) (the "Act") or other applicable law. SECTION 2.06. Notice. All meeting notices must be in compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.07. Action. Any action required by the Act to be taken must be taken at a duly noticed meeting open to the public in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. SECTION 2.08. Ex-Officio Members. The City Manager or his or her respective designee, the City Finance Director, and any member of the governing body of the City or other appropriate person or entity designated by the Board may attend all meetings of the Board or committees, including but not limited to executive or closed meetings, but shall not have the power to vote in the meetings unless such person is a Council member and also a member of the Board appointed by the governing body of the City. SECTION 2.09. No Compensation. Directors and Officers shall receive no compensation for services rendered as directors or officers, but shall be reimbursed for all reasonable expenses incurred in performing their duties as directors. This shall not affect entitlement to compensation received by employees of the City who may be appointed as officers. SECTION 2.10 Ethics; Conflict of Interest. Directors and officers appointed by directors shall strictly adhere to all applicable provisions of state law, the City of Anna Home-Rule Charter and the City’s Ethics Code (Art. 2.07 Anna City Code of Ordinances). In addition to compliance with such laws, if a director or officer is aware that he/she has a conflict of interest with regard to any particular matter or vote coming before the Board, the director or officer shall bring the same to the attention of the Board and shall abstain from discussion and voting thereon. Any director or officer shall bring to the attention of the Board any apparent conflict of interest or potential conflict of interest of any other director or officer, in which case the Board shall determine whether a true conflict of interest exists before any further discussion or vote shall be conducted regarding that particular matter. The director or officer about whom a conflict of interest question has been raised shall refrain from voting with regard to the determination as to whether a true conflict exists. SECTION 2.11. Public Records. Except as made confidential under the Texas Public Information Act or other law, the Corporation’s records are public records and the Corporation shall comply with the Texas Public Information Act. SECTION 2.12. Co mmittees. The Board may, by resolution or resolutions adopted by a majority of the whole Board, establish one or more committees, each committee to consist of two or more of the directors of the Corporation. Such committee or committees shall have such name or names, and such powers, as may be determined from time to time by resolution adopted by the Board of Directors. The committees shall keep regular minutes of their proceedings and report the same to the Board when required. Notwithstanding the foregoing, all Anna Public Facility Corporation – Bylaws Page 3 officials action of the Board must be taken in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. ARTICLE III NOTICES SECTION 3.01. Generally. Whenever under applicable law or these Bylaws, notice is required to be given to any director, it shall not be construed to mean personal notice, but such notice may be given in writing, by mail, electronic mail or facsimile, addressed to such director at such address, electronic mail address or facsimile number as appears on the books of the Corporation, and such notice shall be deemed to be given at the time when the same shall be thus mailed or transmitted by electronic mail or facsimile. SECTION 3.02. Waiver. Whenever any notice is required to be given under applicable law or of these Bylaws, a waiver thereof in writing signed by the person or persons entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent thereto. A person’s attendance at a meeting shall constitute waiver of notice of such meeting. ARTICLE IV OFFICERS SECTION 4.01. Appointment. The officers of the Corporation shall be chosen by the Board. The Board shall choose from its members a President and a Vice President. The Board shall also choose a Secretary who may or may not be a member of the Board. Any two or more offices may be held by the same person, except the offices of President and Secretary. The Board shall choose such officers. SECTION 4.02. Term. The officers of the Corporation chosen pursuant to Section 4.01 shall serve for terms not longer than three years and may be reappointed to subsequent terms. SECTION 4.03. Other Officers. The Board may appoint such other officers and agents as it shall deem necessary, who shall hold their offices for such terms and shall exercise such powers and perform such duties as shall be determined from time to time by the Board. SECTION 4.04. Removal; Vacancy. Any officer elected or appointed by the Board may be removed at any time by the affirmative vote of a majority of the whole Board. If the office of any officer becomes vacant for any reason, the vacancy shall be filled by the Board. SECTION 4.05. City Officers. The Board shall have the right to utilize the services of the City Manager and his or her designee, the City Secretary, and the City Attorney provided (i) that the Corporation shall pay reasonable compensation for such services, and (ii) the performance of such service does not materially interfere with services required by the City. SECTION 4.06. The President. (a) The President shall be the chief executive officer of the Corporation and shall preside at all meetings of the directors. Anna Public Facility Corporation – Bylaws Page 4 (b) The President shall be an ex-officio member of all standing committees, shall have general supervision of the management of the business of the Corporation, and shall see that all orders and resolutions of the Board are carried into effect. (c) The President shall execute bonds, mortgages, conveyances, assignments, notes and other contracts and instruments requiring a seal, under the seal of the Corporation, except where required or permitted by law to be otherwise signed and executed and except where the signing and execution thereof shall be expressly delegated by the Board to some other officer or agent of the Corporation. The same person may not simultaneously hold the offices of President and Secretary. SECTION 4.07. The Vice President. The Vice President shall, in the absence or disability of the President, have the duties and exercise the powers of the President, and shall perform such other duties as the Board shall prescribe. Any action taken by the Vice President in the performance of the duties of the President shall be conclusive evidence of the absence or inability to act of the President at the time such action was taken. SECTION 4.08. The Secretary. The Secretary shall attend all sessions of the Board and record all votes and the minutes of all proceedings and shall perform like duties for the standing committees when required. He/She shall give, or cause to be given, notice of all special meetings of the Board and shall perform such other duties as may be prescribed by the Board or the President under whose supervision he/she shall be. He/She shall keep in safe custody the seal of the Corporation and, when authorized by the Board, affix the same to any instrument requiring it, and, when so affixed, it shall be attested by his/her signature. And when the corporate seal is required as to instruments executed in the course of ordinary business, he/she shall attest to the signature of the President or Vice President and shall affix the seal thereto. The Secretary shall attest to the signature of the President on all resolutions and other documents adopted and/or approved by vote of the Board. SECTION 4.09. Economic Development Director. The Economic Development Director shall be a full-time employee of the City and shall be the chief administrative officer of the Corporation, responsible for all daily operations and implementation of Board policies and resolutions. The Economic Development Director shall be appointed and managed by the City Manager. The Economic Development Director shall attend all called Board meetings and perform those duties and functions as the Board shall prescribe. . ARTICLE V FISCAL PROVISIONS SECTION 5.01. Fiscal Year. The fiscal year, unless otherwise determined by the Board, shall end September 30 of each year. SECTION 5.02. Expenditures. All checks or demands for money and notes of the Corporation shall be signed by such officer or officers or such other person or persons, including Anna Public Facility Corporation – Bylaws Page 5 the Executive Director, as the Board may from time to time designate, provided that in no event shall a check be negotiable until it is signed by at least one officer. SECTION 5.03. Policy. The Corporation shall adhere to the City’s Financial Policy to guide the overall financial condition and operations of the Corporation including without limitation compliance with applicable provisions of the Texas Public Funds Investment Act. SECTION 5.04. Debt Instruments. Notwithstanding anything to the contrary herein or in the Articles of Incorporation, the Corporation shall be required to obtain the consent of the City for issuing bonds, notes, certificates, notes or other obligations (“Obligations”). Obligations are limited obligations of the Corporation and are payable solely from the revenue, receipts, and other resources pledged to their payment. A bondholder or creditor may not compel the local government to pay the bond, the interest, or any redemption premium or other indebtedness. All proceeds from loans or from Obligations issued by the Corporation shall be deposited and invested as provided in the resolution, order, indenture, or other documents authorizing or relating to their execution or issuance. Subject to the requirements of contracts, loan agreements, indentures, or other agreements securing Obligations, all other monies of the Corporation, if any, shall be deposited, secured, and/or invested in the manner provided for the deposit, security, and/or investment of the public funds of the City. The Board shall designate the accounts and depositories to be created and designated for such purposes, and the methods of withdrawal of funds therefrom for use by and for the purposes of the Corporation upon the signature of its treasurer and such other persons as the Board shall designate. The accounts, reconciliation, and investment of such funds and accounts shall be performed by the Department of Finance of the City and the City’s Finance Director shall be the Corporation’s investment officer. SECTION 5.05. Books, Records, Audits. The Corporation shall keep and properly maintain, in accordance with generally accepted accounting principles, complete books, records, accounts, and financial statements pertaining to its corporate funds, activities, and affairs. At the direction of the City Council, the books, records, accounts and financial statements of the Corporation may be maintained for the Corporation by the accountants, staff, and personnel of the City. The Corporation (or the City if the option described above is selected) shall cause its books, records, accounts, and financial statements to be audited at least once each fiscal year by an outside, independent, auditing and accounting firm selected by the City. Such audit shall be at the expense of the Corporation. Representatives of the City may inspect the books, records, accounts, and financial statements of the Corporation at any time. ARTICLE VI SEAL SECTION 6.01. The corporate seal shall be circular and shall have inscribed in the outer circle "Anna Public Facility Corporation" and shall have inscribed in the inner circle the letters "T-E-X-A-S" and a five-pointed star. Said seal may be used by causing it or a facsimile thereof to be impressed or affixed or reproduced or otherwise. Anna Public Facility Corporation – Bylaws Page 6 ARTICLE VII AMENDMENTS SECTION 7.01. These Bylaws may be altered, changed, amended, or appealed or replaced at any meeting of the Board at which a quorum is present, provided notice of the proposed alteration, change, amendment, or repeal and replacement be contained in the notice of such meeting, by the affirmative vote of a majority of the directors. Before taking effect, the City Council must approve such alteration, change, amendment, or repeal and replacement of the Bylaws. ARTICLE VIII GENERAL PROVISIONS SECTION 8.01. Effective Date. These Bylaws shall become effective upon adoption by the Board of Directors and approval of the City Council. SECTION 8.02. Interpretation; Severability. These Bylaws and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, or the application thereof to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. SECTION 8.03. Principal Office, Registered Office, Registered Agent. The principal office and the registered office of the Corporation shall be within the City at the address of the City Hall. The registered agent of the Corporation shall be the City Manager. Process may be served on the Corporation in accordance with applicable law. SECTION 8.04. Resignations. Any director or officer may resign at any time. Such resignation shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the President or Secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. SECTION 8.05. Immunity and Indemnity. (a) The Corporation is, for the purposes of the Texas Tort Claims Act (Subchapter A, Chapter 101, Texas Civil Practices and Remedies Code), a governmental unit and its actions are governmental functions. (b) As provided in Section 303.037 of the Act, the Corporation shall indemnify each and every member of the Board, its officers and its employees and each member of the Board and each employee of the City, to the fullest extent permitted by law, against any and all liability or expense, including attorneys’ fees, incurred by any Anna Public Facility Corporation – Bylaws Page 7 of such persons by reason of any actions or omissions that may arise out of the sanctions and activities of the Corporation; provided, however, that the Corporation may not provide indemnity in any manner if the director, officer, employee, or agent is guilty of negligence or misconduct in relation to the matter. The legal counsel for the Corporation is authorized to provide a defense for members of the Board, officers, and employees of the Corporation. SECTION 8.06. Termination. The Corporation may not be terminated if it has outstanding Obligations. Upon the termination of the Corporation after payment of all Obligations of the Corporation, all remaining assets of the Corporation shall be transferred to the City’s general fund. Adopted and effective this 23rd day of May 2023. _____________________________ Stan Carver II, President CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting secretary of Anna Public Facility Corporation and that these Bylaws constitute the Corporation's Bylaws. These Bylaws were duly adopted by the Board of Directors to be effective as of the 23rd day of May 2023. ______________________________ _____________________, Secretary Item No. 7.a. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Consider/Discuss/Action on a Resolution regarding Skorburg Anna Ranch Subdivision Improvement Agreement. (Director of Development Services Ross Altobelli) SUMMARY: The intent of the subdivision development agreement is to ensure the use of high quality, durable materials for nonresidential and residential development within the city to create well designed and attractive architecture. Additionally, the subdivision improvement agreement includes details associated with public infrastructure improvements and construction deadlines. FINANCIAL IMPACT: Funding for the roadway, water, and wastewater capital projects will come from impact fees collected during the development of the property. The reimbursements will be paid from the Roadway, Water, and Sewer Impact Fee Funds. Since the funding will be through reimbursements, there is no financial impact on existing fund balances. BACKGROUND: Approving the subdivision improvement agreement in no way puts an obligation on the City Council to approve the rezoning request. It only puts in place development and design regulations should the decision be made to approve the rezoning request. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique. ATTACHMENTS: 1. Resolution - Subdivision Improvement Agreement (Skorburg Anna Ranch) 2. SIA - Skorburg Anna Ranch - FINAL CITY OF ANNA, TEXAS RESOLUTION NO. _______________ A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBDIVISION IMPROVEMENT AGREEMENT WITH SKORBURG LOT DEVELOPMENT, LLC, FOR THE SKORBURG ANNA RANCH DEVELOPMENT IN A FORM APPROVED BY THE CITY ATTORNEY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Skorburg Lot Development, LLC, is seeking to develop approximately 170.392 acres of land within the City Limits of the City of Anna, Texas; and, WHEREAS, Skorburg Lot Development, LLC and the City of Anna, Texas have mutually agreed to development standards for Skorburg Anna Ranch, including design specifications and construction standards to be applied to the construction of all structures and other improvements within Skorburg Anna Ranch; and, WHEREAS, development of the property requires the construction of capital improvement facilities, including public roadway, water, and sanitary sewer improvements to serve Skorburg Anna Ranch and other areas in the vicinity of Skorburg Anna Ranch; and, WHEREAS, the required public improvements are considered critical infrastructure projects for the City; and, WHEREAS, Skorburg Lot Development, LLC agrees to provide the design and construction of the critical infrastructure improvements for the project, subject to Impact Fee reimbursement from the City of Anna for improvements deemed eligible for reimbursement; and, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The recitals above are incorporated herein as if set forth in full for all purposes. Section 2.Authorization of Payment and Funding. That the City Council of the City of Anna hereby authorizes the City Manager to execute the Subdivision Improvement Agreement in a form approved by the City Attorney. That funding for the City reimbursement of approved CIP facilities shall come from Impact Fees collected from the development of Skorburg Anna Ranch, unless otherwise noted within the Subdivision Improvement Agreement attached hereto as Exhibit A. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this ___ day of May 2023. ATTEST: APPROVED: __________________________ __________________________ City Secretary, Carrie Land Mayor, Nate Pike Exhibit A (see Subdivision Improvement Agreement) SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 1 SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT This Skorburg Anna Ranch Subdivision Improvement Agreement (this “Agreement”) is entered into by and between the CITY OF ANNA, a home-rule municipality in Collin County, Texas (the “City”), and SKORBURG LOT DEVELOPMENT, LLC, a Texas limited liability company (“Developer”), to be effective on the Effective Date. SECTION 1 RECITALS WHEREAS, certain terms used in these recitals are defined in Section 2; and WHEREAS, the City is a home-rule municipality of the State of Texas located within Collin County; and WHEREAS, Developer and the City are sometimes collectively referenced in this Agreement as (the “Parties,”) or each individually as (“Party”); and WHEREAS, Developer intends to develop that certain approximately 170.392 acres of real property located in the City, more particularly described by metes and bounds in Exhibit A attached hereto and incorporated herein for all purposes (the “Property”); and WHEREAS, Developer desires to proceed with residential development of the Property to be known as Skorburg Anna Ranch (or as it may be subsequently renamed), as generally described and/or generally illustrated on the concept plan shown in Exhibit B (the “Concept Plan”); and WHEREAS, the Parties intend that the Property be developed in accordance with the Development Standards agreed to under this Agreement; and WHEREAS, Developer desires and intends to design, construct and install and/or make financial contributions to certain Public Improvements to serve the Development; and WHEREAS, the Parties intend for the design, construction, and installation of certain Public Improvements to be completed by or on behalf of Developer and dedicated to the City for use and maintenance, subject to approval of the plans and inspection and acceptance of such Public Improvements in accordance with this Agreement and the City Regulations; and WHEREAS, Developer shall be solely responsible for the funding and construction of all of the Public Improvements required to serve the Property except as expressly set forth in this Agreement; and WHEREAS, the Public Improvements include public water, sanitary sewer, and roadway improvements that will serve the Property and other areas not owned by Developer; and WHEREAS, subject to the terms and conditions of this Agreement, Developer is willing to construct certain Public Improvements, including certain improvements that provide for capacity in excess of what is necessary to serve the Property; and SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 2 WHEREAS, Developer has estimated that the costs necessary to complete the CIP Facilities are as set forth in the amounts shown in the Opinion of Probable Cost in Exhibit C and that said total cost is approximately $8,234,222.28; and WHEREAS, subject to the terms and conditions of this Agreement, Developer shall be obligated to complete and construct certain CIP Facilities in the locations generally depicted in Exhibit D and in accordance with the City Regulations, this Agreement, and other required approvals; and WHEREAS, subject to the terms and conditions of this Agreement, the City agrees to complete, fund, and construct the Phase 2 Sanitary Sewer Improvements (which are a portion of the CIP Facilities) unless Developer elects to construct such CIP Facilities in its discretion, in accordance with the terms and conditions of this Agreement; and WHEREAS, the City desires to share in the cost of the CIP Facilities constructed by or on behalf of Developer up to a maximum not-to-exceed amount of $8,234,222.28, representing the approximate amount of Construction Costs for the CIP Facilities; and WHEREAS, Developer understands and acknowledges that the obligations undertaken under this Agreement are primarily for the benefit of the Property; and WHEREAS, Developer understands and acknowledges that the Public Improvements to be constructed by Developer and dedicated to the City under this Agreement will benefit the Development by positively contributing to the enhanced nature of the Development, increasing property values within the Property, and encouraging investment and ultimate development of the Property; and WHEREAS, Developer understands and acknowledges that its acceptance of this Agreement is not an exaction or a concession demanded by the City; rather, it is an undertaking of Developer’s voluntary design to ensure consistency, quality, and adequate public improvements that will benefit the Development and the Property, including without limitation Developer’s agreement to adhere to the Development Standards; and WHEREAS, the City and Developer understand and acknowledge that the construction of any Public Improvements by or on behalf of Developer and related purchasing and contracting under this Agreement are exempt from the competitive sealed bidding procedures of Chapter 252 of the Texas Local Government Code; and WHEREAS, the City recognizes the positive impact the Public Improvements will bring to the City and that said improvements will promote state and local economic development, stimulate business and commercial activity in the City for the development and diversification of the economy of the state, promote the development and expansion of commerce in the state, and reduce unemployment or underemployment in the state and that this Agreement is a program under Chapter 380 of the Texas Local Government Code; and WHEREAS, nothing contained in this Agreement shall be construed as creating a contractual obligation that controls, waives, or supplants the City Council’s legislative discretion or functions; and SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 3 WHEREAS, unless expressly set forth to the contrary in this Agreement, the Parties intend this Agreement to supersede City Regulations only to the extent that City Regulations directly conflict with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereby agree as follows: SECTION 2 DEFINITIONS Certain terms used in this Agreement are defined in this Section 2. Other terms used in this Agreement are defined in the recitals or in other sections of this Agreement. Unless the context requires otherwise, the following terms shall have the meanings hereinafter set forth: Agreement means this Skorburg Anna Ranch Subdivision Improvement Agreement. CIP Facility(ies) means the CIP Water Improvements, the CIP Roadway Improvements, the Phase 1 Sanitary Sewer Improvements, and the Phase 2 Sanitary Sewer Improvements. CIP Roadway Improvements has the meaning ascribed to that term in Section 3.3(b). CIP Water Improvements has the meaning ascribed to that term in Section 3.3(a)(1). City means the City of Anna, a home-rule municipality located in Collin County, Texas. City Code means The Anna City Code of Ordinances. City Council means the governing body of the City. City Manager means the current or acting City Manager of the City of Ann a or a person designated to act on behalf of that individual if the designation is in writing and signed by the current or acting City Manager. City Regulations means the City’s applicable development regulations in effect on the Effective Date, including without limitation City Code provisions, ordinances (including without limitation park dedication fees and other development fees), design standards (including without limitation pavement thickness), Development Standards, and other policies duly adopted by the City; provided, however, that as it relates to Public Infrastructure for any given phase, the applicable construction standards (including without limitation uniform building codes) shall be those that the City has duly adopted at the time of the filing of an application for a preliminary plat for that phase unless Commencement of Construction of said phase has not begun within two (2) years of approval of such preliminary plat in which case the construction standards shall be those that the City has duly adopted at the time of Commencement of Construction. Commence Construction or Commencement of Construction means all of the following have occurred: (1) all necessary permits to begin the construction of the applicable improvements (or portion thereof) have been issued by all the applicable governmental authorities, (2) issuance of a notice to proceed with construction to the applicable construction contractor, and (3) SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 4 commencement and diligent pursuit of mobilization and construction by the construction contractor on the applicable construction site. Complete Construction or Completion of Construction means that the City has inspected and accepted the respective Public Improvements, or portion thereof, which acceptance shall not be unreasonably withheld or delayed. Concept Plan has the meaning ascribed to that term in the Recitals. Construction Costs means any contributions, dedications or costs or fees actually paid for infrastructure improvements, as applicable, including without limitation the costs related to engineering, design, surveying, permitting, construction, inspection, materials, supplies, labor, testing, financing, off-site, third-party property/easement acquisitions, and all costs related in any manner to such infrastructure improvements; however, the cost of off-site, third-party property/easement acquisitions obtained by the City, if any, shall be limited to the fair-market value of any property/easement acquired, plus any damages to the remainder, all as determined by a licensed appraiser mutually agreed upon by the Parties, and eminent domain fees. For the avoidance of doubt, Construction Costs shall include, but not be limited to, all items contemplated on Exhibit C for the CIP Facilities. Developer means Skorburg Lot Development, LLC, its successors and assigns, which is the entity(ies) that intend to develop or cause the development of the Property in accordance with this Agreement. Development means residential development on the Property consisting of approximately 556 single-family dwelling units and approximately 882 multifamily dwelling units. Development Standards mean the design specifications and construction standards permitted or imposed under the City Regulations and, as relates to construction of structures and other improvements, those standards set forth and attached hereto as Exhibit E. Effective Date means the effective date of this Agreement, which shall be the date upon which all Parties have fully executed and delivered this Agreement. Force Majeure means and includes events or circumstances that are not within the reasonable control of the Party whose performance is suspended, including without limitation any delay due to any of the following acts or events: (a) wars, terrorism, civil disturbances, riots, insurrections, civil unrest, vandalism and sabotage; (b) transportation disasters, whether by sea, rail, air or land; (c) strikes, lockouts, work stoppage or slowdown or other labor disputes or material shortages; (d) actions or failures to act of a governmental authority, including any changes to the plans and specifications required as a condition to issuance of any permits or any changes in laws or codes not reasonably foreseeable on the Effective Date, and any delay in issuance of permits or certificates of occupancy by any governmental authority having jurisdiction, but excluding delays due to conditions that violate applicable codes and regulations; (e) adverse weather conditions, including rain of unusual duration or volume, hurricanes, lightning, tornadoes, earthquakes, floods or acts of God; (f) epidemics or pandemics or any governmental orders, actions, shut-downs, mandates, restrictions or quarantines, or any quasi-governmental orders, actions, shut-downs, SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 5 mandates, restrictions or quarantines resulting from any epidemics or pandemics, and any public health emergencies, whether declared by local, state or federal governmental authorities or agencies; (g) labor shortages or moratoriums; (h) fire or other material casualty; (i) mechanical failure of equipment; (j) utility delays or interruptions; (k) any emergency event that threatens imminent harm to property or injury to persons; (l) any other causes of any kind whatsoever, whether similar to those enumerated or not, which are beyond the control of such Party in the performance of its obligations hereunder; provided, however, in all cases, only to the extent that the Party claiming force majeure (1) did not cause such force majeure condition, and (2) throughout the pendency of such force majeure condition, utilizes commercially reasonable efforts to minimize the impact and delays caused by such force majeure condition. Impact Fees means those roadway impact fees, water impact fees, and wastewater impact fees assessed and charged against the Property in accordance with Chapter 395 of the Texas Local Government Code and as defined therein, including without limitation those impact fees paid by or on behalf of any owner, builder or contractor. Impact Fee Accounts means the interest-bearing deposit accounts maintained by the City pursuant to Section 395.024, Texas Local Government Code, as amended. Impact Fee Reimbursement means direct payments from the Impact Fee Accounts to reimburse Construction Costs for CIP Facilities. Multifamily Tract means the portion of the Development located south of proposed E. Foster Crossing Road as shown on Exhibit B (Concept Plan) attached hereto. Notice means any notice required or contemplated by this Agreement (or otherwise given in connection with this Agreement). Phase 1 Roadway Improvements means the roadway infrastructure facilities identified as such in Section 3.3(a). Phase 2 Roadway Improvements means the roadway infrastructure facilities identified as such in Section 3.3(a). Phase 1 Sanitary Sewer Improvements means the sanitary sewer infrastructure facilities identified as such in Section 3.3(a). Phase 2 Sanitary Sewer Improvements means the sanitary sewer infrastructure facilities identified as such in Section 3.3(a). Public Improvements mean the CIP Facilities and all other improvements that will be dedicated to and maintained by the City and all other on- and off-site public water, sewer, drainage, and roadway facilities, along with other public improvements, such as dedicated landscaping and screening, to be constructed by Developer. Public Infrastructure means all water, wastewater/sewer, detention and drainage, roadway, park and trail, and other infrastructure necessary to serve the full development of the Property SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 6 and/or to be constructed and dedicated to the City under this Agreement or otherwise incident to the Development. The term includes Public Improvements. Real Property Records of Collin County means the official land recordings of the Collin County Clerk’s Office. Single Family Tract means the portion of the Development located north of proposed E. Foster Crossing Road as shown on Exhibit B (Concept Plan) attached hereto. Zoning Change means an ordinance rezoning the Property in accordance with the Developer’s zoning application to rezone 170 acres out of a larger 737.3 acre planned development (which larger planned development was originally approved pursuant to Ord. No 323-2007) to include a mixture of single-family dwelling, detached and multiple-family residence uses in accordance with the plan and conditions presented to the City’s Planning and Zoning Commission on May 1, 2023. SECTION 3 PUBLIC IMPROVEMENTS 3.1 Construction, Ownership, and Transfer of Public Improvements. (a) Contract Specifications. Developer’s engineers shall prepare, or cause the preparation of, and provide the City with, contract specifications and necessary related documents for any Public Improvements to be constructed by or on behalf of Developer. (b) Construction Standards, Inspections and Fees. Except as otherwise expressly set forth in this Agreement (e.g., if the Phase 2 Sanitary Sewer Improvements are constructed by the City as contemplated herein rather than by Developer), the Public Improvements shall be constructed and inspected, and all applicable fees, including but not limited to Impact Fees (subject to the terms hereof and any applicable credits or reimbursements), permit fees, and inspection fees, shall be paid by or on behalf of Developer, in accordance with this Agreement, the City Regulations, and the regulations of any other governing body or entity with jurisdiction over the Public Improvements. (c) Contract Letting. The Parties understand that this Agreement and construction of any of the Public Improvements by or on behalf of Developer are legally exempt from competitive bidding requirements. Developer’s engineers shall prepare, or cause the preparation of, and provide to the City all contract specifications and necessary related documents, including the contract proposal showing the negotiated total contract price and scope of work, for the construction of any portion of the Public Improvements that will be constructed by or on behalf of Developer that have not been awarded. (d) Ownership and Acceptance. Upon completion of any of the Public Improvements constructed by or on behalf of Developer, or portion thereof, the City will accept such Public Improvements after inspection and approval of same by the City. For the avoidance of doubt, the Public Improvements may be completed and accepted in phases, in Developer’s discretion. All of the Public Improvements and Public Infrastructure shall be owned by the City upon acceptance thereof by the City. Developer agrees to take any action reasonably required by SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 7 the City to transfer, convey, or otherwise dedicate or ensure the dedication of land, right-of-way, or easements for any of the Public Improvements and Public Infrastructure constructed by or on behalf of Developer to the City. 3.2 Operation and Maintenance. (a) Upon inspection, approval, and acceptance of any of the Public Improvements or any portion thereof constructed by or on behalf of Developer, the City shall maintain and operate the accepted Public Infrastructure and provide retail water and sewer service to the Property. For the avoidance of doubt, this shall include that upon the inspection, approval, and acceptance of public roadway improvements or any portion thereof, including the CIP Roadway Improvements, the City shall maintain and operate such public roadways and related drainage improvements. (b) Within the Development, a homeowner’s association (“HOA”) shall maintain and operate all open spaces, all required trails, amenity centers, common areas, landscaping, screening walls, Development signage and any other common improvements or appurtenances within the Property that are owned by Developer, its successors or assigns, or the HOA, its successors or assigns, and not maintained or operated by the City. 3.3 CIP Facilities (a) The CIP Facilities include: 1. Minimum 12” water main in the East Foster Crossing right-of-way between CR 418 and the frontage of the Property, in the location generally shown on Exhibit D (“CIP Water Improvements”). 2. Minimum 48-foot wide roadway section of East Foster Crossing , which improvements include all necessary items relating to the construction of such section of East Foster Crossing Road shown on the final engineering plans prepared by or on behalf of Developer, including clearing and earth work, all necessary erosion control, pavement, paving demolition, sidewalks, drainage, engineering and testing, any necessary franchise utility relocation, and a ten (10)-foot wide concrete hike and bike trail on the north side of East Foster Crossing beginning at the eastern property boundary of the Single Family Tract and extending to the western property boundary to connect to the proposed future ten (10)- foot hike and bike trail, all such improvements in the location generally shown on Exhibit D (the “Phase 1 Roadway Improvements”). 3. Minimum 24-foot wide roadway section of CR 418 along the entire north/south frontage on the western boundary of the Multifamily Tract, which improvements include all necessary items relating to the construction of CR 418 shown on the final engineering plans prepared by or on behalf of Developer, including clearing and earthwork, all necessary erosion control, pavement, paving demolition, sidewalks, drainage, engineering and testing, and any necessary franchise utility relocation, in the location generally shown on Exhibit D (the “Phase 2 Roadway Improvements”). SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 8 4. Lift station located generally north of Foster Crossing and a minimum 6- inch sewer force main (including manholes and appurtenances related thereto) beginning at the lift station to be constructed and extending west within the East Foster Crossing right- of-way to connect to an existing sewer manhole at Clements Creek sewer interceptor in the location generally shown on Exhibit D (the “Phase 1 Sanitary Sewer Improvements”). At Developer’s election, in its discretion, if the City has not completed the Phase 2 Sanitary Sewer Improvements by the time Developer desires to proceed with development of the Multifamily Tract (or portion thereof), then Developer may (and the City shall allow Developer to) construct any improvements necessary to connect the Multifamily Tract to the Clements Creek sewer interceptor via the Phase 1 Sewer Improvements until such time as the Phase 2 Sanitary Sewer Improvements are complete and any such additional improvements shall be subject to reimbursement on the same terms as the Phase 2 Sanitary Sewer Improvements. 5. Minimum 6-inch sewer force main (including manholes and appurtenances related thereto) extending south from the southwest corner of the Single Family Tract to a minimum 12-inch gravity line that shall begin on the southwest corner of the Multifamily Tract and extending south connecting to the existing City of Melissa Stiff Creek sanitary sewer main in the location generally shown on Exhibit D, including a metering station and SCADA equipment satisfying all City and North Texas Municipal Water District requirements (the “Phase 2 Sanitary Sewer Improvements”). For the avoidance of doubt, completion of the Phase 2 Sanitary Sewer Improvements shall not be a condi tion to issuance of building permits or certificates of occupancy for all or any phase of the Development. (b) Developer’s Obligations Regarding the CIP Water Improvements, Phase 1 Sanitary Sewer Improvements and CIP Roadway Improvements and Developer’s Optio n to Construct the Phase 2 Sanitary Sewer Improvements: (1) Developer is responsible for the funding, design, installation, and construction of the CIP Water Improvements identified in Section 3.3(a)(1). Developer is responsible for the funding, design, installation, and construction of the Phase 1 Sanitary Sewer Improvements identified in Section 3.3(a)(4). Developer may elect to fund, design, install, and construct the Phase 2 Sanitary Sewer Improvements identified in Section 3.3(a)(5) as further described in this Agreement. Developer shall provide the City with a detailed project account of all Construction Costs associated with any such projects constructed by or on behalf of Developer, including receipts, invoices, change orders, and bills paid affidavits as required for determining the final cost of each CIP Facility constructed by or on behalf of Developer. (2) Developer is responsible for the installation and construction of the Phase 1 Roadway Improvements identified in Section 3.3(a)(2) and the Phase 2 Roadway Improvements Section 3.3(a)(3), (collectively, the “CIP Roadway Improvements”). Developer shall provide the City with a detailed project account of all Construction Costs associated with these projects, including receipts, invoices, change orders, and bills paid affidavits as required for determining the final cost of each CIP Facility. SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 9 (3) Notwithstanding any provision in this Agreement to the contrary, Developer has no obligation hereunder to construct all or any portion of the Development, the Public Improvements, or any other improvements to the Property; however, the construction of the CIP Water Improvements, CIP Roadway Improvements, and Phase 1 Sanitary Sewer Improvements, respectively, is a condition precedent to receipt of the Reimbursement (defined in Section 3.3(h)) for each such improvements. (c) Timing of the CIP Water Improvements. Developer shall design and Commence Construction or cause Commencement of Construction of the CIP Water Improvements on or before the 360th day after the City’s approval of the civil construction plans for the CIP Water Improvements and the issuance of permits required for construction of said improvements. Developer shall cause construction of the CIP Water Improvements to occur in a good and workmanlike manner and shall cause Completion of Construction of such improvements to occur on or before the 360th day after Commencement of Construction; provided, however, Developer shall not be responsible for any delays in the City acquiring the easements and right-of-way for the CIP Water Improvements as described below and Developer’s deadlines for Commencement of Construction and Completion of Construction shall be extended by the same duration of any failure of the City to timely acquire applicable easements and rights- of-way. (d) Timing of the Phase 1 Roadway Improvements. Developer shall Commence Construction or cause Commencement of Construction of the Phase 1 Roadway Improvements on or before the 360th day after the City’s approval of the civil construction plans for the Phase 1 Roadway Improvements and the issuance of permits required for construction of said improvements. Developer shall cause construction of the Phase 1 Roadway Improvements to occur in a good and workmanlike manner and shall cause Completion of Construction of such improvements to occur on or before the 360th day after Commencement of Construction; provided, however, Developer shall not be responsible for any delays in the City acquiring the easements and right-of-way for the Phase 1 Roadway Improvements as described below and Developer’s deadlines for Commencement of Construction and Completion of Construction shall be extended by the same duration of any failure of the City to timely acquire applicable easements and rights-of-way. (e) Timing of the Phase 2 Roadway Improvements. Developer shall design and Commence Construction of the Phase 2 Roadway Improvements on or before the 360th day after the City’s approval of the civil construction plans for the Phase 2 Roadway Improvements and the issuance of permits required for construction of said improvements. Developer shall cause construction of the Phase 2 Roadway Improvements to occur in a good and workmanlike manner and shall cause Completion of Construction of such improvements to occur on or before the 360th day after Commencement of Construction; provided, however, Developer shall not be responsible for any delays in the City acquiring the easements and right-of-way for the Phase 2 Roadway Improvements as described below and Developer’s deadlines for Commencement of Construction and Completion of Construction shall be extended by the same duration of any failure of the City to timely acquire applicable easements and rights-of-way. (f) Timing of the Phase 1 Sanitary Sewer Improvements. Developer shall Commence Construction of the Phase 1 Sanitary Sewer Improvements on or before the 360th day SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 10 after the City’s approval of the civil construction plans for the Phase 1 Sanitary Sewer Improvements and the issuance of permits required for construction of said improvements. Developer shall cause construction of the Phase 1 Sanitary Sewer Improvements to occur in a good and workmanlike manner and shall cause Completion of Construction of such improvements to occur on or before the 360th day after Commencement of Construction; provided, however, Developer shall not be responsible for any delays in the City acquiring the easements and right-of-way for the Phase 1 Sanitary Sewer Improvements as described below and Developer’s deadlines for Commencement of Construction and Completion of Construction shall be extended by the same duration of any failure of the City to timely acquire applicable easements and rights-of-way. (g) Timing of the Phase 2 Sanitary Sewer Improvements. (1) If Commencement of Construction of the Multifamily Tract occurs prior to execution of the proposed interlocal sewer agreement between the City and the City of Melissa (the “Interlocal Agreement”) and/or prior to completion of the Phase 2 Sanitary Sewer Improvements, the Multifamily Tract shall be permitted to connect to/sewer to the Clements Creek interceptor as shown on Exhibit D until such time as the Phase 2 Sanitary Sewer Improvements are completed and improvements are constructed to connect the Multifamily Tract to the Phase 2 Sanitary Sewer Improvements, in Developer’s discretion. (2) Unless the Developer elects to construct the Phase 2 Sanitary Sewer Improvements pursuant to Section 3.3(g)(3) herein, the City shall construct the Phase 2 Sanitary Sewer Improvements. (3) If the City cannot or has not Commenced Construction of the Phase 2 Sanitary Sewer Improvements at the time Developer desires to move forward with development of the Multifamily Tract, then Developer may elect, in its discretion, to construct the Phase 2 Sanitary Sewer Improvements upon written Notice to the City in which case the City will fully reimburse Developer for construction of the Phase 2 Sanitary Sewer Improvements. (h) City’s Obligations. (1) The City shall be responsible for the acquisition of any easements and other property acquisitions necessary for the CIP Facilities (the size and extent of each such easement or other property interest to be approved by the City) to serve the Property. If Developer is not able to reasonably acquire all off-site easements and right-of-way required for any of the CIP Facilities, the City may utilize condemnation authority to acquire the necessary easements and right-of-way in accordance with applicable law. In the event Developer acquires off-site easements, City shall reimburse Developer for the costs of acquisition including survey, legal, and engineering costs. (2) Subject to Section 3.3(g) of this Agreement, the City shall design and construct the Phase 2 Sanitary Sewer Improvements. Developer may elect, at its sole option, by delivering written Notice to the City, to construct the Phase 2 Sanitary Sewer Improvements as contemplated pursuant to Section 3.3(g). SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 11 (3) The City shall reimburse Developer for all actual Construction Costs for the construction of any and all CIP Facilities constructed by or on behalf of Developer (the “Reimbursement”). The City intends to provide such Reimbursement to Developer by paying to Developer all Impact Fees it actually collects from the Property and adjacent properties that tie into or use the CIP Facilities; however, the Parties acknowledge that funding for same shall be from such source or sources as determined by the City, in its discretion (but in accordance with applicable law), including but not limited to Impact Fee Accounts. The City shall review the project accounting submitted by Developer prior to initiating reimbursements. Payments shall be made every three (3) months starting on three (3) months following the first deposit into the Impact Fee Accounts. The City shall reimburse Developer in the amount equal to actual Construction Costs for the CIP Facilities expended by or on behalf of Developer. (4) Amendment to CIP. The City agrees that it will take all required actions to amend the City’s Capital Improvements Plan to include the Phase 1 Sanitary Sewer Improvements and Phase 2 Sanitary Sewer Improvements (to the extent not already a part of the City’s Capital Improvements Plan) (“CIP Amendment”) within six months of the Effective Date, including without limitation the City Council’s consideration and final action of the same. Developer shall have no responsibility for any costs associated with the CIP Amendment. In the event that the City’s Capital Improvements Plan is not amended within six (6) months of the Effective Date as contemplated herein, the City will reimburse Developer for its Construction Costs for the Phase 1 Sanitary Sewer Improvements and Phase 2 Sanitary Sewer Improvements (if Developer elects to construct the Phase 2 Sanitary Sewer Improvements in accordance with Section 3.3(g)), as applicable, from another source of City funds (other than the Impact Fee Accounts). 3.4 Water Facilities. (a) Developer’s General Obligations. Except as otherwise provided herein, Developer is solely responsible for funding, design, installation, and construction of all water improvements necessary to serve the Property. The design of water improvements shall be approved by the City in advance of the construction of same. The locations of said easements or other property interests shall be approved by the City’s Public Works Department as part of the plan review process. (b) Timing of General Obligations. Except as otherwise provided herein, Developer shall complete in a good and workmanlike manner all water facility improvements necessary to serve each phase of the Development prior to the recordation of the final plat covering such phase. 3.5 Wastewater/Sanitary Sewer Facilities. (a) Developer’s General Obligations. Except as otherwise provided herein, Developer is solely responsible for the funding, design, installation, and construction of all wastewater/sanitary sewer improvements necessary to serve the Property. The design of all wastewater/sanitary sewer improvements shall be approved by the City in advance of the construction of same. The locations of said easements or other property interests shall be approved by the City’s Public Works Department as part of the plan review process. SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 12 (b) Timing of General Obligations. Except as otherwise provided herein, Developer shall Complete Construction in a good and workmanlike manner all wastewater/sanitary sewer improvements necessary to serve each phase of the Development prior to the recordation of the final plat covering such phase. 3.6 Water and Wastewater/Sanitary Sewer Retail Service. (a) Subject to the terms of this Agreement, the City represents and confirms that it currently has and reasonably expects to continue to have the capacity to provide to the Property continuous and adequate retail water and wastewater/sanitary sewer service at times and in amounts sufficient to meet the service demands of the Development and the Property as the Property is developed. (b) Upon acceptance by the City of the water and wastewater/sanitary sewer facilities described herein, the City shall operate or cause to be operated said water and wastewater/sanitary sewer facilities serving the Development and the Property and use them to provide service to all customers within the Development and the Property and as otherwise required by State law as the holder of the certificate of convenience and necessity covering the Property. Upon acceptance by the City, the City shall at all times maintain said water and wastewater/sanitary sewer facilities, or cause the same to be maintained, in good condition and working order in compliance with all applicable laws and ordinances and all applicable regulations, rules, policies, standards, and orders of any governmental entity with jurisdiction over same. 3.7 Roadway Facilities and Related Improvements. (a) Developer’s General Obligations. Except as otherwise provided herein, Developer is solely responsible for the funding, design, installation, and construction of all roadway facilities required to serve the Development. The design of all roadway improvements shall be approved by the City in advance of the construction of same. The locations of said easements or other property interests shall be approved by the City’s Public Works Department as part of the plan review process. (b) Timing of General Obligations. Except as otherwise provided herein, prior to the recordation of any final plat for any phase of the Development, Developer shall Complete Construction, in a good and workmanlike manner, of all roadway facilities and related improvements necessary to serve such phase in accordance with construction plans approved by the City. (c) Drainage/Detention Infrastructure. Except as otherwise provided herein, Developer is solely responsible for designing, installing, and constructing the drainage/detention infrastructure that will serve the Property and the cost thereof. Prior to the recordation of the final plat for any phase of Development, Developer shall Complete Construction in a good and workmanlike manner of the drainage/detention improvements necessary to serve such phase. SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 13 Upon inspection, approval and acceptance, the City shall maintain and operate the public drainage and roadway improvements for the Property. 3.8 Park Dedication and Park Development. The Parties agree to enter into an agreement on mutually agreeable terms setting forth park dedication requirements and reimbursements from the City to Developer for certain park development improvements. SECTION 4 PAYEE INFORMATION With respect to any and every type of payment/remittance due to be paid at any time by the City to Developer after the Effective Date under this Agreement, the name and delivery address of the payee for such payment shall be: Skorburg Lot Development, LLC Attn: Adam Buczek and Adam Shiffer 8214 Westchester, Suite 900 Dallas, TX 75225 abuczek@skorburgcompany.com ashiffer@skorburgcompany.com Developer may change the name of the payee and/or address set forth above by delivering written Notice to the City designating a new payee. SECTION 5 ADDITIONAL OBLIGATIONS AND AGREEMENTS 5.1 Administration of Construction of Public Infrastructure. Subject to the terms of this Agreement, the Parties agree that Developer will be solely responsible to construct all Public Infrastructure (except the Phase 2 Sanitary Sewer Improvements, unless Developer elects to construct such improvements in accordance with Section 3.3(g)). All public on-site and off-site infrastructure and all other related improvements will be considered a public project and the City will own all such Public Infrastructure upon completion and acceptance. 5.2 Compliance with Development Standards. Developer agrees as part of the consideration for this Agreement that all residential structures, amenities, buildings, and any other vertical construction within the Development shall meet or exceed all City Regulations, including without limitation the Development Standards set forth in Exhibit E. Notwithstanding the foregoing, the Parties agree that the Developer may seek to amend the planned development district zoning on the Property at any point in the future, in its discretion, and any future amendments to the zoning on the Property (i) consented to by Developer and (ii) duly approved by the City Council of the City shall automatically amend the Development Standards on Exhibit E without any further amendment to this Agreement required. It is expressly understood and the Parties agree that City Regulations and Development Standards applicable to the Property and its use and development include but are not limited to City Code provisions, ordinances, design SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 14 standards, uniform codes, and other policies duly adopted by the City including without limitation any such regulations or requirements that may be affected by Chapter 3000 of the Texas Government Code (“Materials and Methods Regulations”); provided, however, to the extent of any conflict between the requirements of Materials and Methods Regulations and the requirements of this Agreement (including the Development Standards), this Agreement shall control. 5.3 Compliance with Development Deadlines. Subject to Force Majeure, the notice and cure period set forth in Section 6.1, and any extensions of time allowed pursuant to this Agreement, Developer agrees to meet the following deadlines with respect to the Development. The Director of Planning or his/her designee, in his or her discretion, may extend the below deadlines upon the request of Developer without further approval of the City Council of the City required. (a) Within 180 days after the City Council of the City duly approves the Zoning Change, Developer shall submit or cause to be submitted a preliminary plat application and a tree preservation plan to the City for the Single Family Tract. (b) Within 360 days after the City has duly approved a preliminary plat for the Single Family Tract, Developer shall submit or cause to be submitted one or more applications for a site plan for the first phase within the Single Family Tract (including a landscaping plan and lighting plan), and a final plat and civil plans for the first phase within the Single Family Tract (showing easements, fire lanes and utilities). For the avoidance of doubt, Developer shall determine, in its discretion, which portion(s) of the Property within the Single Family Tract Developer shall consider the first phase within the Single Family Tract. (c) Developer will request a preconstruction meeting with City staff to discuss construction of the first phase within the Single Family Tract within 120 days of the Developer’s receipt of final approval from the City of the civil plans for the first phase within the Single Family Tract (the “Preconstruction Meeting”). (d) Developer will Commence Construction or cause Commencement of Construction of the first phase within the Single Family Tract within 180 days after the Preconstruction Meeting; provided that, if for any reason Developer needs to change the phasing of the Single Family Tract, Developer shall submit a new preliminary plat application for another phase within the Single Family Tract within 60 days of the Preconstruction Meeting and such 180 days shall be tolled until Developer is able to obtain approval of a preliminary plat for such other phase, which shall be subject to the same time periods in (a)-(c) of this subsection, above. (e) Recordation in the Official Records of Collin County, Texas of a final plat for one or more phases within the Single Family Tract must occur within twenty-four (24) months of the Commencement of Construction of such phase. 5.4 Conflicts. When not in conflict with the terms and conditions of this Agreement, the development of the Property shall be subject to all applicable City Regulations, including but not limited to the City’s subdivision regulations and engineering design standards. In the event of any direct conflict between this Agreement and any other ordinance, rule, regulation, standard, policy, order, guideline, or other City adopted or City enforced requirement, whether existing on SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 15 the Effective Date or hereinafter adopted, this Agreement, including its exhibits, as applicable, shall control. 5.5 Public Infrastructure, Generally. Except as otherwise expressly provided for in this Agreement, Developer shall provide all Public Infrastructure necessary to serve the Property, including streets, utilities, drainage, sidewalks, trails, street lighting, street signage, and all other required improvements, at no cost to the City except as expressly provided in this Agreement and as approved by the City Manager. Developer shall cause the installation of the Public Infrastructure within all applicable time frames in accordance with the City Regulations unless otherwise established in this Agreement. Developer shall provide engineering studies, plan/profile sheets, and other construction documents at the time of platting as required by City Regulations. Such plans shall be approved by the City’s Public Works Department prior to approval of a final plat. Construction of any portion of the Public Infrastructure shall not be initiated until a pre- construction conference with a City representative has been held regarding the proposed construction and the City has issued a written notice to proceed. No final plat may be recorded in the Real Property Records of Collin County until construction of all Public Infrastructure shown thereon shall have been constructed, and thereafter inspected, approved and accepted by the City. 5.6 Maintenance Bonds. For each construction contract for any part of the Public Infrastructure, Developer, or Developer’s contractor, must execute a maintenance bond in accordance with applicable City Regulations that guarantees the costs of any repairs that may become necessary to any part of the construction work performed in connection with the Public Infrastructure, arising from defective workmanship or materials used therein, for a full period of two (2) years from the date of final acceptance of the Public Infrastructure constructed under such contract. 5.7 Inspections, Acceptance of Public Infrastructure, and Developer’s Remedy. (a) Inspections, Generally. The City shall have the right to inspect, at any time, the construction of all Public Infrastructure necessary to support the Development, including water, wastewater/sanitary sewer, drainage, roads, streets, alleys, park facilities, electrical, and street lights and signs. The City’s inspections and/or approvals shall not release Developer from its responsibility to construct, or cause the construction of, adequate Public Improvements and Public Infrastructure in accordance with approved engineering plans, construction plans, and other approved plans related to development of the Property. Notwithstanding any provision of this Agreement, it shall not be a breach or violation of the Agreement if the City withholds building permits, certificates of occupancy or City utility services as to any portion of the Development until Developer has met its obligations to provide for required Public Infrastructure necessary to such portion or phase according to the approved engineering plans, City Regulations and Development Standards, and until such Public Infrastructure has been dedicated to and accepted by the City. (b) Ownership. From and after the inspection and acceptance by the City of the Public Infrastructure and any other dedications required under this Agreement, such improvements and dedications shall be owned by the City. SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 16 (c) Approval of Plats/Plans. Approval by the City, the City’s engineer, or other City employee or representative, of any plans, designs, or specifications submitted by Developer pursuant to this Agreement or pursuant to the City Regulations shall not constitute or be deemed to be a release of the responsibility and liability of Developer o r any other responsible party for the accuracy and competency of their design and specifications. Further, any such approvals shall not be deemed to be an assumption of such responsibility and liability by the City for any defect in the design and specifications prepared by Developer or any other responsible party, it being the intent of the Parties that approval by the City signifies only the City’s approval of the general design concept of the improvements to be constructed. 5.8 Insurance. Developer or its contractor(s) shall acquire and maintain, during the period of time when any of the Public Infrastructure is under construction (and until the full and final completion of the Public Infrastructure and acceptance thereof by the City): (a) workers compensation insurance in the amount required by law; and (b) commercial general liability insurance including personal injury liability, premises operations liability, and contractual liability, covering, but not limited to, the liability assumed under any indemnification provisions of this Agreement, with limits of liability for bodily injury, death and property damage of not less than $1,000,000.00. Such insurance shall also cover any and all claims which might arise out of the Public Infrastructure construction contracts, whether by Developer, a contractor, subcontractor, material man, or otherwise. Coverage must be on a “per occurrence” basis. All such insurance shall: (i) be issued by a carrier which is rated “A-1” or better by A.M. Best’s Key Rating Guide and licensed to do business in the State of Texas; and (ii) name the City as an additional insured and contain a waiver of subrogation endorsement in favor of the City. Upon the execution of Public Infrastructure construction contracts, Developer shall provide to the City certificates of insurance evidencing such insurance coverage together with the declaration of such policies, along with the endorsement naming the City as an additional insured. Each such policy shall provide that, at least thirty (30) days prior to the cancellation, non-renewal or modification of the same, the City shall receive written notice of such cancellation, non-renewal or modification. 5.9 INDEMNIFICATION and HOLD HARMLESS. DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, HEREBY COVENANT AND AGREE TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY THE CITY AND ITS OFFICERS, OFFICIALS, AGENTS, REPRESENTATIVES, SERVANTS AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”), FROM AND AGAINST ALL THIRD- PARTY CLAIMS, SUITS, JUDGMENTS, DAMAGES, AND DEMANDS (TOGETHER, “CLAIMS”) AGAINST THE CITY OR ANY OF THE RELEASED PARTIES, WHETHER REAL OR ASSERTED INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES, RELATED EXPENSES, EXPERT WITNESS FEES, CONSULTANT FEES, AND OTHER COSTS, ARISING OUT OF THE NEGLIGENCE OR OTHER WRONGFUL CONDUCT OF DEVELOPER, INCLUDING THE NEGLIGENCE OF ITS RESPECTIVE EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, MATERIAL MEN, AND/OR AGENTS, IN CONNECTION WITH THE DESIGN OR CONSTRUCTION OF ANY PUBLIC INFRASTRUCTURE, STRUCTURES, OR OTHER FACILITIES OR IMPROVEMENTS THAT ARE REQUIRED OR PERMITTED UNDER THIS AGREEMENT; AND IT IS EXPRESSLY UNDERSTOOD THAT SUCH CLAIMS SHALL, EXCEPT AS MODIFIED BELOW, INCLUDE CLAIMS EVEN IF CAUSED BY THE CITY’S OWN CONCURRENT NEGLIGENCE SUBJECT TO THE TERMS OF THIS SECTION. SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 17 DEVELOPER SHALL NOT, HOWEVER, BE REQUIRED TO INDEMNIFY THE CITY AGAINST CLAIMS CAUSED BY THE CITY’S SOLE NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF THE CITY INCURS CLAIMS THAT ARE CAUSED BY THE CONCURRENT NEGLIGENCE OF DEVELOPER AND THE CITY, DEVELOPER’S INDEMNITY OBLIGATION WILL BE LIMITED TO A FRACTION OF THE TOTAL CLAIMS EQUIVALENT TO DEVELOPER’S OWN PERCENTAGE OF RESPONSIBILITY. DEVELOPER, INCLUDING ITS RESPECTIVE SUCCESSORS AND ASSIGNS, FURTHER COVENANTS AND AGREES TO RELEASE, DEFEND, HOLD HARMLESS, AND INDEMNIFY, THE CITY AGAINST ANY AND ALL CLAIMS BY ANY PERSON CLAIMING AN OWNERSHIP INTEREST IN THE PROPERTY PRIOR TO THE EFFECTIVE DATE WHO HAS NOT SIGNED THIS AGREEMENT IF SUCH CLAIMS RELATE IN ANY MANNER OR ARISE IN CONNECTION WITH: (1) THE CITY’S RELIANCE UPON DEVELOPER’S REPRESENTATIONS IN THIS AGREEMENT; (2) THIS AGREEMENT OR OWNERSHIP OF THE PROPERTY; OR (3) THE CITY’S APPROVAL OF ANY TYPE OF DEVELOPMENT APPLICATION OR SUBMISSION WITH RESPECT TO THE PROPERTY. THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 5.10 Status of Parties. At no time shall the City have any control over or charge of Developer’s (or its contractors’) design, construction or installation of any of the Public Infrastructure, nor the means, methods, techniques, sequences or procedures utilized for said design, construction or installation. This Agreement does not create a joint enterprise or venture or employment relationship between the City and Developer. SECTION 6 EVENTS OF DEFAULT; REMEDIES 6.1 Events of Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given in writing (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time to be determined based on the nature of the alleged failure, but in no event more than thirty (30) days (or any longer time period to the extent expressly stated in this Agreement as relates to a specific failure to perform) after written notice of the alleged failure has been given except as relates to a type of default for which a different time period is expressly set forth in this Agreement). Notwithstanding the foregoing, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. 6.2 Remedies. Except as otherwise set forth in this Agreement, as compensation for the other party’s default, an aggrieved Party is limited to seeking specific performance of the other party’s obligations under this Agreement. 6.3 Performance Window. If Developer does not meet its obligations under Section 5.3(e), in order for the Developer to be considered in default of this Agreement, the City shall provide written Notice to Developer of the same. If the City provides such written Notice, Developer shall have one-hundred twenty (120) days from the date that the City delivers said SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 18 written notice in which to cure such failure, plus an additional time period equal to any delay caused by the failure, if any, of the City to timely meet its obligations under this Agreement. If Developer fails to timely cure such failure within the additional one-hundred twenty (120) day period, then the City may elect to terminate this Agreement as its exclusive remedy, and if the City elects such termination, it shall be excused from its obligations under this Agreement, including but not limited to any obligation to reimburse Developer any amounts otherwise due under this Agreement. The foregoing notwithstanding, the deadlines in this paragraph shall be subject to extension for reasons of Force Majeure. SECTION 7 ASSIGNMENT; ENCUMBRANCE 7.1 Assignment. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the Parties hereto. The obligations, requirements, or covenants to develop the Property subject to this Agreement shall be freely assignable, in whole or in part, to any affiliate or related entity of Developer, or any lien holder on the Property, without the prior written consent of the City. Except as otherwise provided in this paragraph, the obligations, requirements or covenants to the development of the Property shall not be assigned, in whole or in part, by Developer to a non-affiliate or non-related entity of Developer without the prior written consent of the City Manager, which consent shall not be unreasonably withheld or delayed if the assignee demonstrates financial ability to perform. Any receivables due under this Agreement may be assigned by Developer without the consent of, but upon written notice to the City pursuant to the terms hereof. An assignee shall be considered a “Party” for the purposes of this Agreement. Each assignment shall be in writing executed by Developer and the assignee and shall obligate the assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment unless the City approves the release in writing. Developer shall maintain written records of all assignments made by Developer to assignees, including a copy of each executed assignment and, upon written request from any Party or assignee, shall provide a copy of such records to the requesting person or entity, and this obligation shall survive the assigning Party’s sale, assignment, transfer, or other conveyance of any interest in this Agreement or the Property. 7.2 Assignees as Parties. An assignee authorized in accordance with this Agreement and for which notice of assignment has been provided in accordance herewith shall be considered a “Party” for the purposes of this Agreement. 7.3 Third Party Beneficiaries. Except as otherwise provided herein, this Agreement inures to the benefit of, and may only be enforced by, the Parties. No other person or entity shall have any right, title, or interest under this Agreement or otherwise be deemed to be a third-party beneficiary of this Agreement. 7.4 Notice of Assignment. The following requirements shall apply in the event that Developer sells, assigns, transfers, or otherwise conveys the Property or any part thereof and/or any of its rights or benefits under this Agreement: (i) Developer must provide written notice to the City to the extent required under this section at least fifteen (15) business days in advance of any SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 19 such sale, assignment, transfer, or other conveyance; (ii) said notice must describe the extent to which any rights or benefits under this Agreement will be sold, assigned, transferred, or otherwise conveyed; (iii) said notice must state the name, mailing address, telephone contact information, and, if known, email address, of the person(s) that will acquire any rights or benefits as a result of any such sale, assignment, transfer or other conveyance; and (iv) said notice must be signed by a duly authorized person representing Developer and a duly authorized representative of the person that will acquire any rights or benefits as a result of the sale, assignment, transfer or other conveyance. SECTION 8 RECORDATION AND ESTOPPEL CERTIFICATES 8.1 Binding Obligations. This Agreement and all amendments thereto and assignments hereof shall be recorded in the Real Property records of Collin County. T his Agreement binds and constitutes a covenant running with the Property and, upon the Effective Date, is binding upon Developer and the City, and forms a part of any other requirements for development within the Property. This Agreement, when recorded, shall be binding upon the Parties and their successors and assigns as permitted by this Agreement and upon the Property. Notwithstanding the foregoing, his Agreement shall not bind or encumber any residential lot or residence located thereon within the Property that is sold to a third party homeowner except as relates to the limitations on the use of such lot in any applicable zoning regulations approved or adopted by the City in accordance with applicable law. 8.2 Estoppel Certificates. From time to time, upon written request of Developer or any future owner, and upon the payment to the City of a $500.00 fee plus all reasonable costs incurred by the City in providing the certificate described in this section, including without limitation attorney’s fees and related costs, the City Manager, or his/her designee will, in his/her official capacity and to his/her reasonable knowledge and belief, execute a written estoppel certificate identifying any obligations of Developer under this Agreement that are in default. SECTION 9 GENERAL PROVISIONS 9.1 Term. Except with respect to any earlier termination effected under this Agreement, this Agreement shall terminate upon satisfaction of all obligations by all Parties or the expiration of ten (10) years after the Effective Date, whichever occurs earlier. 9.2 Recitals. The recitals contained in this Agreement: (a) are true and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered into this Agreement; and (c) reflect the final intent of the Parties with regard to the subject matter of this Agreement. In the event it becomes necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by the recitals, shall be taken into consideration and , to the maximum extent possible, given full effect. The Parties have relied upon the recitals as part of the consideration for entering into this Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered into this Agreement. SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 20 9.3 Notices. Any notice, submittal, payment or instrument required or permitted by this Agreement to be given or delivered to any Party shall be deemed to have been received when delivered personally or upon the expiration of 72 hours following deposit of the same in any United States Post Office, registered or certified mail, postage prepaid, addressed as follows: To the City: City of Anna, Texas Attn: City Manager 111 N. Powell Parkway Anna, TX 75409 With a copy to: Wolfe, Tidwell & McCoy, LLP Attn: Clark McCoy 2591 Dallas Parkway, Suite 300 Frisco, TX 75034 To Developer: Skorburg Lot Development, LLC Attn: Adam Buczek and Adam Shiffer 8214 Westchester, Suite 900 Dallas, TX 75225 abuczek@skorburgcompany.com ashiffer@skorburgcompany.com With a copy to: Winstead PC Attn: Laura Hoffmann 2728 N. Harwood St., Suite 500 Dallas, TX 75201 214.745.5693 lhoffmann@winstead.com Any Party may change its address or addresses for delivery of notice by delivering written notice of such change of address to the other Party. 9.4 Interpretation. The Parties acknowledge that each has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for nor against any Party, regardless of which Party originally drafted the provision. 9.5 Time. In this Agreement, time is of the essence and compliance with the times for performance herein is required. 9.6 Authority and Enforceability. The City represents and warrants that this Agreement has been approved by official action by the City Council of the City in accordance with all applicable public notice requirements (including, but not limited to, notices required by the Texas Open Meetings Act) and that the individual executing this Agreement on behalf of the City has been duly authorized to do so. Developer represents and warrants that this Agreement has SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 21 been approved by appropriate action of Developer, and that each individual executing this Agreement on behalf of Developer has been duly authorized to do so. Each Party respectively acknowledges and agrees that this Agreement is binding upon such Party and is enforceable against such Party, in accordance with its terms and conditions. 9.7 Severability. This Agreement shall not be modified or amended except in writing signed by the Parties. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable for any reason, then: (a) such unenforceable provision shall be deleted from this Agreement; (b) the unenforceable provision shall, to the extent possible and upon mutual agreement of the Parties, be rewritten to be enforceable and to give effect to the intent of the Parties; and (c) the remainder of this Agreement shall remain in full force and effect and shall be interpreted to give effect to the intent of the Parties. 9.8 Applicable Law; Venue. This Agreement is entered into pursuant to, and is to be construed and enforced in accordance with, the laws of the State of Texas, and all obligations of the Parties are performable in Collin County, Texas. Exclusive venue for any action related to, arising out of, or brought in connection with this Agreement shall be in the Collin County District Court. 9.9 Non Waiver. Any failure by a Party to insist upon strict performance by the other Party of any material provision of this Agreement shall not be deemed a waiver thereof, and the Party shall have the right at any time thereafter to insist upon strict performance of any and all provisions of this Agreement. No provision of this Agreement may be waived except by writing signed by the Party waiving such provision. Any waiver shall be limited to the specific purpo ses for which it is given. No waiver by any Party of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. 9.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. 9.11 Force Majeure. Each Party shall use good faith, due diligence and reasonable care in the performance of its resp ective obligations under this Agreement, and time shall be of the essence in such performance; however, in the event a Party is unable, due to Force Majeure, to perform its obligations under this Agreement, then the obligations affected by the Force Majeure shall be temporarily suspended. Within ten (10) business days after the occurrence of a Force Majeure, the Party claiming the right to temporarily suspend its performance, shall give Notice to all the Parties in accordance with Section 9.3, including a detailed explanation of the Force Majeure and a description of the action that will be taken to remedy the Force Majeure and resume full performance at the earliest possible time. After giving notice under this paragraph, the Party claiming the right to temporarily suspend its performance shall provide the other Party a detailed explanation of the extent to which the Force Majeure condition continues to exist and a description of the actions currently being taken to remedy the Force Majeure and such additional explanations shall be provided in writing at least once every two weeks. 9.12 Complete Agreement. This Agreement embodies the entire Agreement between the Parties and cannot be varied or terminated except as set forth in this Agreement, or by written SKORBURG ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT PAGE 22 agreement of the City and Developer expressly amending the terms of this Agreement. By entering into this Agreement, the Parties understand and agree that any previous agreements or understanding between the Parties are null and void. 9.13 Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is hereby acknowledged. 9.14 Acquisition of Property Condition. If Developer or its affiliate does not acquire the Property, Developer may, at its option, terminate this Agreement by providing written Notice to the City. 9.15 Exhibits. The following exhibits are attached to this Agreement and are incorporated herein for all purposes: Exhibit A Metes and Bounds Description of the Property Exhibit B Concept Plan Exhibit C CIP Facilities – Opinion of Probable Cost Exhibit E Depiction of CIP Facilities Exhibit F Development Standards [SIGNATURES PAGES AND EXHIBITS FOLLOW, REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT SIGNATURE PAGE 1 EXECUTED BY THE PARTIES TO BE EFFECTIVE ON THE EFFECTIVE DATE: CITY: CITY OF ANNA, a home-rule municipality in Collin County, Texas By: Name: Nate Pike Title: Mayor Date: STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on this __ day of _______________ 2023, by Nate Pike, Mayor of the City of Anna, a home-rule municipality in Collin County, Texas. Notary Public, State of Texas [SEAL] ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT SIGNATURE PAGE 2 DEVELOPER: SKORBURG LOT DEVELOPMENT, LLC a Texas limited liability company By: Adam Buczek, President THE STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the ___ day of ____________ 2023, by Adam Buczek, President of Skorburg Lot Development, LLC, a Texas limited liability company, on behalf of said company. Notary Public in and for the State of Texas Exhibit A METES AND BOUNDS DESCRIPTION OF THE PROPERTY ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT A - PAGE 1 BEING all that certain tract or parcel of land lying and being situated in Collin County, Texas, a part of the Grandison Stark Survey, Abstract No. 798 and a part of the D.E.W. Babb Survey, Abstract No. 33, and being out of and a part of that certain tract of land said to contain 171.389 acres as described in a Special Warranty Deed to Lindo Apparel, Inc. and 335 Valley Two, Inc. as recorded in Document No. 20130218000218460, Official Public Records, Collin County, Texas (OPRCCT) and by Correction Affidavit recorded in Document No. 2022000168873, OPRCCT, said tract or parcel of land is herein described as follows: Beginning at a ½” iron rod found in road at the intersection of County Road No. 421and County Road No. 418, said intersection being at the westerly inner ell corner in the west line of said Lindo Apparel, Inc. and 335 Valley Two, Inc. tract and the westerly inner ell corner in the east line of a called 360.545 acre tract of land described in a Special Warranty Deed with Vendor’s Lien to Harlan Properties, Inc. as recorded in Document No. 20121228001650300, OPRCCT; THENCE, North 89 degrees 52 minutes 49 seconds East, departing County Road No. 418 and with County Road No. 421, a distance of 233.51 feet to a 100d nail found in said road, said nail being at the easterly inner ell corner in the west line of said Lindo Apparel, Inc. and 335 Valley Two, Inc. tract and the easterly inner ell corner in the east line of said Harlan Properties, Inc. tract; THENCE North 00 degrees 30 minutes 17 seconds East, departing said County Road No, 421, a distance of 2675.82 feet (2676.36’ deed) to the northwest corner of said 171.389 acre tract and the northeast corner of said 360.545 acre tract, said corner being in the south line of a called 31.912 acre tract of land described in a Special Warranty Deed with Vendor’s Lien to Anna Crossing Creekside, LTD as recorded in Document No. 20161128001603010, OPRCCT; THENCE North 89 degrees 33 minutes 14 seconds East, passing at a distance of 15.72 feet, a 5/8” iron rod with plastic cap stamped “RPLS 4838” found at the southwest corner of La Paloma Subdivision, an addition to Collin County, Texas dated July 1, 1982 and recorded in Volume C, Page 418, Map Records, Collin County, Texas (MRCCT) and continuing for a total distance of 2140.34 feet to the northeast corner of said 171.389 acre tract and being the west line of a tract of land to Sherley Partners, Ltd.; THENCE South 00 degrees 17 minutes 14 seconds West, a distance of 350.51 feet (351.05’ deed) to the northwest corner of a called 19.894 acre tract of land described in a Warranty Deed with Vendor’s Lien to Michael Boes et ux, Sandra Boes, recorded in Volume 2374, Page 624, DRCCT; THENCE South 00 degrees 43 minutes 51 seconds West, a distance of 1303.32 feet to the northwest corner of a called 14.304 acre tract described in a General Warranty Deed to S.G. Johndroe, III, Trustee, as recorded in Volume 4810, Page 1989, DRCCT; THENCE South 01 degrees 34 minutes 40 seconds West, a distance of 1030.93 feet to the southwest corner of said S.G. Johndroe tract, being in County Road No. 421; THENCE South 89 degrees 46 minutes 58 seconds West, along said County Road No. 421, a distance of 327.34 feet the northerly northwest corner of Lot 1, Block 1, CR 421 Substation Addition, an addition to the City of Anna, recorded in Document No. 2013-50, MRCCT, said ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT A – PAGE 2 corner also being the northwest corner of a called 0.4848 acre tract of land described in a Special Warranty Deed to Oncor Electric Delivery Company, LLC as recorded in Document No. 20110721000757730, OPRCCT, Exhibit A; THENCE departing County Road No. 421 and along the westerly boundary of said CR 421 Substation Addition the following three (3) courses; 1. South 00 degrees 02 minutes 05 seconds West, a distance of 252.55 feet; 2. South 50 degrees 23 minutes 34 seconds West, a distance of 1200.64 feet; 3. South 89 degrees 33 minutes 53 seconds West, a distance of 1097.84 feet to a corner in County Road No. 418, from which a ½” iron rod bears South 00 degrees 00 minutes 22 seconds East, a distance of 20.00 feet, said corner being the northwest corner of a called 0.4985 acre tract of land described in a Special Warranty Deed to Oncor Electric Delivery Company, LLC as recorded in Document No. 20110721000757730, OPRCCT, Exhibit B; THENCE North 00 degrees 00 minutes 58 seconds, along County Road No. 418, a distance of 1018.96 feet to the POINT OF BEGINNING and containing 170.392 acres of land. Exhibit B CONCEPT PLAN ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT B – SOLO PAGE SHARP ST.CAROLINE ST.CARINNA DR.TIANA ST.LEONARD AVE.E. FOSTER CROSSING RD. MF-2 BASE ZONING ±35.2 ACRES COUNTY ROAD 418* (SF-72) (SF-60)(SF-Z) (SF-Z) VICINITY MAP PROJECT LOCATION USER: Eric DATE/TIME: May 15, 2023 - 12:35pmFILE: C:\Users\Eric\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\58-001_Anna - Anna Ranch SF\z_AutoCAD\58-001 Concept Plan.dwgANNA RANCH - City of Anna, Texas - LC&E PROJECT NO. 1058-001DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718ANNA RANCHEAST FOSTER CROSSING±170 ACRESCity of Anna, Collin County, TexasCopyright © 2022 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869Eric@LincolnCE.comCPCONCEPT PLANCONCEPT PLAN SKORBURG ANNA RANCH ±170.4 ACRES (VACANT LAND) ABS 798 G STARK SURVEY CITY OF ANNA COLLIN COUNTY, TEXAS May 15, 2023 Skorburg Company 8214 Westchester Drive, Suite 900 Dallas, Texas 75225 Tel. No. (214) 888-8845 Contact: Adam Shiffer Lincoln Consulting & Engineering, inc. P.O. Box 1176 Wylie, Texas 75098 Tel. No. (214) 673-8869 Contact: Eric M. Seeley, P.E. LEGEND Lindo Apparel Inc & 335 Valley Two Inc 1770 Homet Road San Marino, CA 91108-1254 * Exhibit C CIP FACILITIES – OPINION OF PROBABLE COST ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT C – PAGE 1 ANNA RANCH OFFSITE COST DETAILS Item Note Total Cost Foster Crossing Road (Must Construct with Phase 1)1,926,296.63$ Half of CR 418 (On Multi-Family Only)559,184.93$ Phase 1 Offsite Sewer (Lift Station and Clements Creek)2,493,242.68$ Phase 2 Offsite Sewer (CR 418 Anna/Melissa Sewer Extension)1,641,024.58$ Offsite Sewer Easement Allowance (Acquisition and Legal Fees)500,000.00$ Offsite Water (Only Upsize Reimbursable)***.365,907.79$ Contingency (10%)748,565.66$ Total Offsite Costs 8,234,222.28$ G:\Ncd-Acq\Potential Projects\Anna Ranch\03. Preliminary Costs\03b. Preliminary Construction Cost\25. Proforma\03.14.23\Offsites Cost Detail Exhibit_To City #Last updated: 05/15/23 CONSTRUCTION COST ESTIMATE 0 LOTS 0.000 GROSS ACRES ANNA RANCH OFFSITES 0.000 NET ACRES 0.00 GROSS DENSITY A. OFF-SITE - FM 418 (1020 LF of 80' ROW) OFF-SITE - EARTHWORK 1 Clearing & grubbing 2 AC 2,000.00 3,747 2 Asphalt Removal 2,707 SY 15.00 40,600 3 General Site Excavation (includes Street Excavation)10,000 CY 5.00 50,000 Total Earthwork excluding retaining walls 94,347 OFF-SITE - EROSION CONTROL 1 Silt fence (Perimeter / reinforced)2,040 LF 1.45 2,958 2 Curlex after Paving 16,320 LF 0.40 6,528 9,486 OFF-SITE - PAVEMENT 1 8" 3,600 Reinf. Conc. Pvmnt - 24' B-B 2,720 SY 80.00 217,600 2 6" Lime stabilized subgrade 2,833 SY 4.00 11,333 3 Hydrated lime (36 lbs/SY)51 TON 280.00 14,280 4 5' Sidewalk - 3,000 PSI 5,100 SF 6.50 33,150 5 Traffic Control 1 EA 7,500.00 7,500 6 Type III Barricade 24 LF 50.00 1,200 7 Maintenance Bond @ 1.5%1.50%%285,063.33 4,276 8 Density Testing - Lime 2,833 EA 0.60 1,700 9 Density Testing - Paving 2,720 EA 0.70 1,904 292,943 OFF-SITE - DRAINAGE 1 30" RCP 250 LF 142.00 35,500 2 24" RCP 250 LF 114.00 28,500 3 21" RCP 60 LF 97.00 5,820 4 10' inlet 2 EA 6,500.00 13,000 5 4'x4' Junction Box 2 EA 5,320.00 10,640 6 30" HDWL - Sloped 1 EA 3,750.00 3,750 7 18" Rip Rap 50 SF 105.00 5,250 8 Trench safety 560 LS 1.50 840 9 Bond @ 1.50%1.50%EA 103,300.00 1,550 10 Density Testing 560 SF 1.50 840 105,690 OFF-SITE - ENGINEERING - ROADWAY 1 Topographic / boundary survey 1 EA 2,000.00 2,000 2 Contract administration 1 EA 1,500.00 1,500 3 Engineering & Surveying (10% of Offsite Costs)10%%492,195.89 49,220 4 Construction administration 1 EA 1,500.00 1,500 5 Record drawings 1 EA 1,000.00 1,000 6 Reimbursables (plat submittals, concepts plans, zoning changes, etc)1 LS 1,500.00 1,500 56,720 A TOTAL:559,185 G:\Ncd-Acq\Potential Projects\Anna Ranch\03. Preliminary Costs\03b. Preliminary Construction Cost\25. Proforma\03.14.23\Offsites Cost Detail Exhibit_To City #Last updated: 05/15/23 CONSTRUCTION COST ESTIMATE 0 LOTS 0.000 GROSS ACRES ANNA RANCH OFFSITES 0.000 NET ACRES 0.00 GROSS DENSITY B. OFF-SITE - EAST FOSTER CROSSING OFF-SITE - EARTHWORK 1 Clearing & grubbing 4 AC 1,500.00 6,600 2 Asphalt Removal 6,133 SY 8.00 49,067 3 General Site Excavation (includes Street Excavation)14,197 CY 3.50 49,691 Total Earthwork excluding retaining walls 105,357 OFF-SITE - EROSION CONTROL 1 Silt fence (Perimeter / reinforced)4,750 LF 1.45 6,888 2 Curlex after Paving 19,000 LF 0.40 7,600 14,488 OFF-SITE - PAVEMENT 1 8" 3,600 Reinf. Conc. Pvmnt - 48' B-B 12,050 SY 80.00 964,000 2 6" Lime stabilized subgrade 12,552 SY 3.50 43,932 3 Hydrated lime (36 lbs/SY)226 TON 280.00 63,263 4 5' Sidewalk - 3,000 PSI 11,470 SF 6.50 74,555 5 10' Trail - 3,000 PSI 22,940 SF 6.50 149,110 6 Traffic Control 1 EA 7,500.00 7,500 7 Type III Barricade 48 LF 50.00 2,400 8 Maintenance Bond @ 1.5%1.50%%1,304,759.79 19,571 9 Density Testing - Lime 12,552 EA 0.60 7,531 10 Density Testing - Paving 12,050 EA 0.70 8,435 1,340,297 OFF-SITE - DRAINAGE 1 42" RCP 130 LF 243.00 31,590 2 36" RCP 500 LF 190.00 95,000 3 30" RCP 470 LF 142.00 66,740 4 21" RCP 180 LF 97.00 17,460 5 10' inlet 6 EA 6,500.00 39,000 6 5'x5' Junction Box 2 EA 7,000.00 14,000 7 42" HDWL - Sloped 1 EA 5,650.00 5,650 8 18" Rip Rap 100 SF 105.00 10,500 9 Trench safety 1,280 LS 1.50 1,920 10 Bond @ 1.50%1.50%EA 281,860.00 4,228 11 Density Testing 1,280 SF 1.50 1,920 288,008 OFF-SITE - ENGINEERING - ROADWAY 1 Topographic / boundary survey 1 EA 2,000.00 2,000 2 Contract administration 1 EA 1,500.00 1,500 3 Engineering & Surveying (10% of Offsite Costs)10%%1,706,464.63 170,646 4 Construction administration 1 EA 1,500.00 1,500 5 Record drawings 1 EA 1,000.00 1,000 6 Reimbursables (plat submittals, concepts plans, zoning changes, etc)1 LS 1,500.00 1,500 178,146 B TOTAL:1,926,296.63 G:\Ncd-Acq\Potential Projects\Anna Ranch\03. Preliminary Costs\03b. Preliminary Construction Cost\25. Proforma\03.14.23\Offsites Cost Detail Exhibit_To City #Last updated: 05/15/23 CONSTRUCTION COST ESTIMATE 0 LOTS 0.000 GROSS ACRES ANNA RANCH OFFSITES 0.000 NET ACRES 0.00 GROSS DENSITY C. OFF-SITE - SEWER - PHASE 1 OFF-SITE - SEWER - PHASE 1 1 8" PVC Force Main Pipe 5,690 LF 95.00 540,550 2 8" PVC pipe - Gravity 1,250 LF 95.00 118,750 3 Lift Station 1 LF 1,500,000.00 1,500,000 4 5' Diameter manhole 3 EA 20,000.00 60,000 5 Trench safety 6,940 EA 1.50 10,410 6 Testing (air & TV)6,940 EA 1.50 10,410 7 Bond @ 0.50%0.50%%2,240,120.00 11,201 8 Density testing - sanitary sewer 6,940 SF 1.50 10,410 2,261,731 OFF-SITE - ENGINEERING - PHASE 1 SEWER 1 Topographic / boundary survey 1 EA 2,000.00 2,000 2 Contract administration 1 EA 1,500.00 1,500 3 Engineering & Surveying (10% of Offsite Costs)10%%2,240,120.00 224,012 4 Construction administration 1 EA 1,500.00 1,500 5 Record drawings 1 EA 1,000.00 1,000 6 Reimbursables (plat submittals, concepts plans, zoning changes, etc)1 LS 1,500.00 1,500 231,512 C TOTAL:2,493,242.68 D. OFF-SITE - SEWER - PHASE 2 OFF-SITE - SEWER - PHASE 2 1 15" PVC Force Main Pipe 1,400 LF 135.00 189,000 2 15" PVC pipe 7,000 LF 135.00 945,000 3 5' Diameter manhole 15 EA 20,000.00 300,000 4 Connect to Ex - Core Ex MH 1 EA 7,700.00 7,700 5 Trench safety 8,400 EA 1.50 12,600 6 Testing (air & TV)8,400 EA 1.50 12,600 7 Bond @ 0.50%0.50%%1,466,900.00 7,335 8 Density testing - sanitary sewer 8,400 SF 1.50 12,600 1,486,835 OFF-SITE - ENGINEERING - PHASE 2 SEWER 1 Topographic / boundary survey 1 EA 2,000.00 2,000 2 Contract administration 1 EA 1,500.00 1,500 3 Engineering & Surveying (10% of Offsite Costs)10%%1,466,900.00 146,690 4 Construction administration 1 EA 1,500.00 1,500 5 Record drawings 1 EA 1,000.00 1,000 6 Reimbursables (plat submittals, concepts plans, zoning changes, etc)1 LS 1,500.00 1,500 154,190 D TOTAL:1,641,024.58 G:\Ncd-Acq\Potential Projects\Anna Ranch\03. Preliminary Costs\03b. Preliminary Construction Cost\25. Proforma\03.14.23\Offsites Cost Detail Exhibit_To City #Last updated: 05/15/23 CONSTRUCTION COST ESTIMATE 0 LOTS 0.000 GROSS ACRES ANNA RANCH OFFSITES 0.000 NET ACRES 0.00 GROSS DENSITY E. OFF-SITE - WATER OFF-SITE - WATER 1 12" PVC DR-14 2,375 LF 105.00 249,375 2 12" Valves & box 5 LF 4,000.00 20,000 3 Connect to Existing 12"1 EA 2,000.00 2,000 4 Fire hydrants 4 EA 7,700.00 30,800 5 1" irrigation service 2 EA 2,900.00 5,800 6 Fittings 1.188 TON 5,650.00 6,709 7 Trench safety 2,375 LS 1.50 3,563 8 Bond @ 1.50%1.50%EA 318,246.90 4,774 9 Density testing - water 2,375 SF 1.50 3,563 326,583 OFF-SITE - ENGINEERING - WATER 1 Topographic / boundary survey 1 EA 2,000.00 2,000 2 Contract administration 1 EA 1,500.00 1,500 3 Engineering & Surveying (10% of Offsite Costs)10%%318,246.90 31,825 4 Construction administration 1 EA 1,500.00 1,500 5 Record drawings 1 EA 1,000.00 1,000 6 Reimbursables (plat submittals, concepts plans, zoning changes, etc)1 LS 1,500.00 1,500 39,325 E TOTAL:365,907.79 TOTAL OFFSITE COSTS:TOTAL 6,985,657 G:\Ncd-Acq\Potential Projects\Anna Ranch\03. Preliminary Costs\03b. Preliminary Construction Cost\25. Proforma\03.14.23\Offsites Cost Detail Exhibit_To City Exhibit D DEPICTION OF CIP FACILITIES ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT D – COVER PAGE (see attached) PROPOSED MULTI-FAMILY (MF-2) PROPOSED SINGLE-FAMILY ANNA RANCH (40s, 50s, 60s) E. FOSTER CROSSING RD.LEONARD AVE.COUNTY ROAD 418CONNECT TO EXISTING 12" WATER MAIN STUB AT COUNTY ROAD 418 PROPOSED 12" WATER MAIN END PROPOSED 12" WATER MAIN FOR FUTURE EXTENSION EXISTING 12" WATER LINE phone (214) 673-8869eric@LincolnCE.comUSER: avelez DATE/TIME: May 16, 2023 - 3:39pmFILE: C:\Users\avele\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\58-001_Anna - Anna Ranch SF\z_AutoCAD\Exhibits\58-001 Facility Exhibits.dwgANNA RANCH - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1058-001ANNA RANCHFOSTER CROSSING±170 ACRESCity of Anna, Collin County, TexasCopyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098EX-EWATER FACILITIESWater (CIP Water Improvements) The East Foster Crossing Water Main Extension shall consist of a 12-inch water line on the north side of Foster Crossing beginning at CR 418 that runs within the right-of-way of East Foster Crossing and extends along the entire frontage between the single family and multifamily phases of the Development. The final location and alignment of the East Foster Crossing Water Main Extension shall be subject to approval by the City. Design and construction of the CIP Water Improvements shall conform to the most current City Regulations. PROPOSED MULTI-FAMILY (MF-2) PROPOSED SINGLE-FAMILY ANNA RANCH (40s, 50s, 60s) E. FOSTER CROSSING RD.LEONARD AVE.OUTER LOOP RD COUNTY ROAD 418COUNTY ROAD 418COUNTY ROAD 417 SAM R A Y B U R N H W Y PHASE 2 CONNECT TO EXISTING CITY OF MELISSA SEWER MAIN. CITY TO CONFIRM LOCATION PHASE 2 PROPOSED INTER-LOCAL METERING STATION PHASE 2 FORCE MAIN PHASE 1 END FORCE MAIN AND BEGIN GRAVITY MAIN PHASE 1 CONNECT TO EXISTING MANHOLE PHASE 1 SINGLE-FAMILY TEMPORARY FORCE MAIN PHASE 1 PROPOSED FORCE MAIN PHASE 1 PROPOSED REGIONAL LIFT STATION LOCATION STIFF CREEKPHASE 2 END FORCE MAIN AND BEGIN GRAVITY MAIN phone (214) 673-8869eric@LincolnCE.comUSER: avelez DATE/TIME: May 16, 2023 - 3:01pmFILE: C:\Users\avele\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\58-001_Anna - Anna Ranch SF\z_AutoCAD\Exhibits\58-001 Facility Exhibits.dwgANNA RANCH - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1058-001ANNA RANCHFOSTER CROSSING±170 ACRESCity of Anna, Collin County, TexasCopyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098SEWER FACILITIESEX-E Sewer & Lift Station (Phase 1 & Phase 2 Sanitary Sewer Improvements) The Phase 1 Sanitary Sewer Improvements shall consist of a minimum 6-inch force main beginning at the location of project lift station to be constructed and extending west within the East Foster Crossing right-of-way to connect to an existing sewer manhole. The Phase 1 Sanitary Sewer Improvements shall be designed to serve the single family and multifamily phases of the Development pursuant to special exceptions set forth, until such time as the Phase 2 Sanitary Sewer Improvements are completed. The Phase 2 Sanitary Sewer Improvements shall consist of a minimum 6-inch force main extending south from the southwest corner of the single family tract to a minimum 12-inch project gravity line that shall begin on the southwest corner of the phase 2 multifamily tract and extend south connecting to the existing City of Melissa Stiff Creek sanitary sewer main, and shall include a metering station and SCADA equipment that meets all City and North Texas Municipal Water District requirements. Phase 2 Sanitary Sewer Improvements Special Exceptions: 1) If development and construction on the Phase 2 multifamily tract commences prior to execution of the City's Interlocal Sewer Agreement with the City of Melissa, the multifamily tract shall be permitted to sewer to the Clements Creek Interceptor until such time that the Phase 2 Sanitary Sewer Improvements are completed. 2) If the Interlocal Sewer Agreement between the City and the City of Melissa is executed prior to commencement of construction for the phase 2 multifamily, the City shall have the option to construct the Phase 2 Sanitary Sewer Improvements and remove the Phase 1 Connection to the Clements Creek Interceptor. The project lift Station, project gravity line, and phases 1 & 2 of the project force main shall be designed to serve the phase 1 single family and phase 2 multifamily. The final location and alignment of the project lift station, project gravity line, and phase 1 & 2 of the project force main shall be subject to approval by the City. The design and construction of the Sanitary Sewer Improvements shall conform to the most current City Regulations. PHASE 1 BEGIN PROPOSED PAVEMENT AT PROPERTY EXTENTS PHASE 2 BEGIN PROPOSED PAVEMENT AT PROPERTY EXTENT PHASE 1 E. FOSTER CROSSING PROPOSED 80' RIGHT-OF-WAY (48' PVMT B-B) PHASE 1 END PROPOSED PAVEMENT AT PROPERTY EXTENTS PHASE 2 COUNTY ROAD 418 PROPOSED 40' RIGHT-OF-WAY (24' PVMT B-B)PHASE 2 END PROPOSED PAVEMENT AT PROPERTY EXTENT PROPOSED MULTI-FAMILY (MF-2) PROPOSED SINGLE-FAMILY ANNA RANCH (40s, 50s, 60s) E. FOSTER CROSSING RD.COUNTY ROAD 418phone (214) 673-8869eric@LincolnCE.comUSER: avelez DATE/TIME: May 16, 2023 - 3:01pmFILE: C:\Users\avele\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\58-001_Anna - Anna Ranch SF\z_AutoCAD\Exhibits\58-001 Facility Exhibits.dwgANNA RANCH - CITY OF ANNA, TEXAS - LC&E PROJECT NO. 1058-001ANNA RANCHFOSTER CROSSING±170 ACRESCity of Anna, Collin County, TexasCopyright © 2023 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098East Foster Crossing Roadway (Phase 1 Roadway Improvements) The East Foster Crossing/Phase 1 Roadway Improvements shall consist of a 48-foot roadway section along the entire east/west frontage of the phase 1 single family and phase 2 multifamily tracts. Where the East Foster Crossing improvements are constructed on property controlled by the Owner, the Owner shall dedicate to the City the full width of the right-of-way required for the East Foster Crossing improvements as shown on the most current City of Anna Comprehensive Plan. The perimeter trails shall consist of a ten (10)-foot wide concrete hike and bike trail on the north side of the East Foster Crossing Roadway Improvements beginning at the eastern property boundary of the single-family tract and extending to the western property boundary to connect to the proposed future ten (10)-foot hike and bike trail. The final location and alignment of the East Foster Crossing improvements and the perimeter trails shall be subject to approval by the City. The design and construction of the roadway facilities shall conform to the most current City Regulations. CR 418 Roadway (Phase 2 Roadway Improvements) The CR 418/Phase 2 Roadway Improvements shall consist of a 24-foot roadway section along the entire north/south frontage on the western boundary of the multifamily tract. Where the CR 418 Roadway Improvements are constructed on property controlled by the Owner, Owner shall dedicate to the City the 1/2 width of the right-of-way required for the CR 418 Improvements as shown on the most current City of Anna Comprehensive Plan. The final location and alignment of the CR 418 Improvements shall be subject to approval by the City. The design and construction of the Roadway Facilities shall conform to the most current City Regulations.ROADWAY FACILITIESEX-E Exhibit E DEVELOPMENT STANDARDS ANNA RANCH SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT E-1 Skorburg Anna Ranch– Design Standards/Building Materials. With respect to all structures/development within the Property, Developer agrees to comply with all City Regulations and with the masonry material requirements and all other requirements of the Anna City Code of Ordinances, Article 9.04 Zoning Ordinance, Section 9.04.034 Supplementary District Regulations, Subsection (e) Architectural Design Standards in effect as of the Effective Date, which are incorporated herein as if set forth in full for all purposes, except as modified by the Agreement, the following standards (in the event of any conflict between the City Regulations and the below, the following listed standards shall govern unless later amended by a change in zoning on the Property as described in Section 5.2 of the Agreement), or a change in zoning of the Property (or portion thereof) consented to by Developer. Notwithstanding the foregoing, a Subsequent Owner, upon or substantially concurrent with acquisition of the Property, must agree in writing to assume Developer’s responsibilities set forth herein to the extent of any obligations assigned, but in any event shall be bound by all applicable terms of this Agreement. For purposes of this Agreement the term "Subsequent Owner" means any person or entity that acquires all or any part of the Property from Developer or Developer's successor in title to the Property or any part thereof. A party shall constitute a Subsequent Owner hereunder only during such time as such party owns fee simple title to all or a portion of the Property. Single-Family Residence Buildings A. Except as noted below, the exterior walls (excluding windows and doors) on the first floor front elevation of any single-family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. Rear of home shall be 80% masonry (brick, stone, traditional stucco) on lots that back to major thoroughfares or common area lots that require metal fencing, exclusive of roofs, eaves, soffits, windows, gables, dormers, doors, walls over roof and trim work. B. A maximum of 10 percent of any exposed exterior wall may consist of exterior insulation and finish system (EIFS). C. Second floor Dutch gable roof elements are not required to be masonry. D. Roofs: a. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". b. Roofing materials of any structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. E. Building articulation: At least five (5) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation: a. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). b. Use of rough sawn timber brackets, blocks, beams or nogging; c. Use of stained wood, stained wood with glass or iron with glass front door; d. Balconies. e. Masonry chimney at the front elevation f. Double-entry door(s). g. Covered Entry(ies) h. Use of both stone and brick on the front elevation, stone wrapping around corners of the structure for at least two feet. i. Front porch of at least 50 square feet. j. Two single garage doors (in lieu of double doors); k. Three (3) different window sizes on the front elevation. l. Three (3) car garage. m. A minimum one bay window of 24-inch projection located on the front elevation. n. Other techniques for building articulation can be substituted if administratively approved by the administrative official. F. Garage doors. All garages must also incorporate metal with wood embossed pattern, wood, wood clad (over metal door) or wood composite doors and contain at least two of the following enhancements: i. Two single garage doors; ii. Decorative windows; iii. Decorative hardware; iv. Garage door recessed a minimum of 12 inches from the garage face; G. House repetition: a. Within residential developments, single-family homes with substantially identical exterior elevations can only repeat every three (3) lots when fronting the same right-of-way including both sides of the street. b. Homes side by side or across the street within one house (directly across the street or “caddy corner” across the street) shall not have substantially identical exterior elevations. H. Fenestration: a. Windowless exterior walls that face a travel way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second story facing a travel way. b. Windows shall be in harmony with and proportionate to the rest of the structure. c. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. Multiple-Family Residence Buildings A. For traditional multi-family residence buildings and structures the total exterior walls that are externally facing within the project (i.e., facing any public Right-of-Ways) excluding windows and doors shall be constructed of masonry for at least seventy percent (70%), for the first three (3) stories. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 60 percent masonry. Each structure shall be deemed to have only one front elevation. B. Roofing materials of a structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing or standing seam metal, slate and slate-type shingles, or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. C. Accessory buildings shall use similar building and roofing materials as those used on the primary buildings. D. Two or more distinct building models shall be designed for projects with more than four primary buildings. E. A covered entry area shall be designed at the main entry to each building. F. A minimum of 75% of all units must have one of the following design features: a true balcony, stoop, or patio to create outdoor living space. G. No building façade may exceed a length of 75 feet without a break in the façade of a minimum depth of two (2) feet for a minimum length of ten (10) feet. H. Four architectural design features are required on facades facing public streets, parking and common areas. Acceptable architectural design features may include but are not limited to: 1) Articulation of building façade 2) Extensions to the building through bay or box windows, and other similar features projecting out from the façade 3) A horizontal change in building materials between stories of a building 4) Variation in building materials between vertical intervals 5) Variations in window placement 6) Architectural features such as shutters, awnings, dormers, chimneys, decorative moldings or ornamental details 7) Roof height, pitch, ridgelines and materials shall be varied to create visual interest and avoid repetition. Single-Unit and Two-Unit Multiple-Family Residence Buildings A. Except as noted below, the exterior walls (excluding windows and doors) on the front elevation of any structure shall be 80 percent masonry. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 60 percent masonry. Each structure shall be deemed to have only one front elevation. B. A maximum of 10 percent of any exposed exterior wall may consist of exterior insulation and finish system (EIFS). C. Second floor Dutch gable roof elements are not required to be masonry. D. Roofing materials of a structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. E. Roofs: i. Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12". ii. Roofing materials of any structure may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral-surfaced row roofing, slate and slate-type shingles, or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25-year warranty. Under no circumstance shall three-tab shingles be used as roofing material. F. Building articulation: At least four (4) facade articulation techniques are required on each unit to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation: i. A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; brackets; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.). ii. Balconies. iii. Bay windows. iv. Masonry chimney(s). v. Double-entry door(s). vi. Covered Entry(ies) vii. The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. viii. Front porch of at least 50 square feet. ix. The installation of at least two (2) coach lights. x. Other techniques for building articulation can be substituted if administratively approved by the administrative official. G. Fenestration: i. Windowless exterior walls that face a travel way or other similar highly visible areas are prohibited. On two-story structures, windows are required on the first and second story facing a travel way. ii. Windows shall be in harmony with and proportionate to the rest of the structure. iii. The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. Item No. 7.b. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Ross Altobelli AGENDA ITEM: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 170± acres located on the north and south side of E. Foster Crossing Road, 1,645± feet east of future Leonard Avenue from Planned Development to Planned Development to allow for single-family residences and multiple-family residences built to SF-72 Single-Family Residence District, SF-60 Single-Family Residence District, & SF-Z Single-Family Residence District - Zero lot line homes, and MF-2 Multiple-Family Residential - High Density with modified development standards. (Director of Development Services Ross Altobelli) SUMMARY: The subject property is currently undeveloped. A conceptual development layout, Skorburg Anna Ranch, accompanies this request as Exhibit A. The applicant's request is to rezone 170 acres out of the original 737.3 acre Planned Development (Ord. No 323-2007). The existing zoning currently allows for SF-D (70’ x 120’) and SF-A (55’ x 110’) residential lots with modified development standards. The proposed zoning includes a mixture of single-family dwelling, detached zoning and multiple family residence zoning. The proposed zoning includes the following district types: • Multiple-Family Residential – High Density (MF-2): Maximum of 35.2± acres • SF-72 Single-Family Residence District: Minimum 100 lots • SF-60 Single-Family Residence District • SF-Z Single-Family Residence District - Zero lot line homes: Maximum 300 lots The zoning request proposes a development pattern that aligns with the Master Thoroughfare Plan and provides for a land use transition for development as it moves north of the Collin County Outer loop that is superior to the existing zoning. History The current zoning as adopted by Ordinance No. 323-2007 included 737± acres north and south of Collin County Outer Loop. The images below, labeled Exhibit B Zoning Districts and Exhibit D Concept Plan and included within the original zoning for Anna Ranch, illustrate roadway layouts that don’t align with the current Anna 2045 Master Thoroughfare Plan (Leonard Avenue and E. Foster Crossing Road). Surrounding Land Uses and Zoning North Residential lots in the ETJ East Land developed as residential and commercial uses in the ETJ. South Batch plant and residential lots in the ETJ. West Vacant land zoned Planned Development (Anna Ranch Phases 2 & 3) that allows for SF-60 Single-Family Residence, SF-TH Townhome, and MF-2 Multiple- Family Residential - High Density developments with modified development standards CONCLUSION: The applicant is requesting to amend the existing zoning that was established in 2007 to allow for a mixture of single-family dwelling, detached lot types north of E. Foster Crossing Road and multiple-family residences south of E. Foster Crossing Road. As part of the zoning request, the applicant is proposing to meet the Park Land Dedication requirement (1 acre of land for each 50 proposed dwelling units) by dedicating over 30 acres of land to the city to be used for Park, playground, or recreation center (public) and future Civic center uses. Additionally, the proposed zoning would include the following design features. • Increased landscape buffer requirements that enhance the perimeters of the single- family residential and multiple-family residence developments adjacent to E. Foster Crossing Boulevard. • Development that proposes a diverse range of housing choices. • Enhanced sidewalks and hike and bike trail connections within the development and along E. Foster Crossing Road. FINANCIAL IMPACT: This item has no financial impact. BACKGROUND: At the Monday, May 1, 2023, Planning & Zoning Commission meeting, the Commission voted 6-1 to recommend approval of the zoning amendment with the following restrictions. Restrictions: Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the SF-72 Single- Family Residence District (SF-72), SF-60 Single-Family Residence District (SF-60), SF- Z Single-Family Residence District - Zero lot line homes (SF-Z), MF-2 Multiple-Family Residential - High Density (MF-2), and the Planning and Development Regulations except as otherwise specified herein. a. Additional permitted use 1. Civic center b. SF-72 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Min number of SF-72 lots: 100 c. SF-60 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Building size (square feet): 1800 d. SF-Z Single-Family Residence District - Zero lot line homes 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Min. lot depth (feet): 115 4. Maximum number of SF-Z lots: 300 e. MF-2 Multiple-Family Residential - High Density 1. Maximum height (feet): 50 / 3 story A. 3 story buildings shall be located no closer than 300 feet from any single-family residence zoning not included within this planned development district. 2. Max. lot coverage (%): 60% 3. Parking: A minimum of 1.5 parking spaces shall be provided per one-bedroom and studio units and two (2) spaces per two or more-bedroom units, plus 0.25 per dwelling unit for visitor parking. A. Covered Parking: 50% of the required parking must be covered. 4. Screening Fence: A. Border fencing on any perimeter not abutting a public right-of-way shall consist of; i. a minimum ten (10) foot wide landscape buffer and six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no more than forty (40) foot intervals. The ten (10) foot-wide landscape buffer shall consist of a vegetative screen comprised of minimum 3” caliber trees planted staggered at twenty- five (25) foot centers; and/or ii. Border fencing of masonry construction of not less than eight feet in height. 5. Any form of multiple-family residence development that does not meet the definition, three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units, shall require the issuance of a Specific Use Permit. f. Additional Standards: The following items shall be implemented as part of the Planned Development zoning area; 1. Park land and public/private facility dedication/construction: In an effort to meet the required park land dedication requirement for both the single-family and multiple-family development area; dedication of Common Area tracts of land, as shown on the approved Concept Plan, for the purpose of a city park and land for future municipal offices/services subject to review by the city’s parks advisory board and approval by the City Council prior to Preliminary Plat approval. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. 2. Landscape setbacks/buffer: Minimum 30-foot-wide landscape buffer/common areas lot shall be required adjacent to E. Foster Crossing Road. The landscape buffer/common area lots are to be owned and maintained by the single-family homeowners associated and multiple-family residential development. 3. Tree Plantings: A. For all common area lots, developer shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design. B. Requirements for single-family residential lots. Three-inch caliper trees selected from the large tree list shall be planted on all single-family residential lots in accordance with the corresponding zoning districts and the Planning and Development Regulations except as otherwise specified herein. The following minimum standards apply Single-family residential – 72 (SF-72) 2 TreesSingle-family residential – zero lot line (SF-Z) 1 Tree i. Trees for SF-Z lots shall be planted in the front yard of every other lot. 4. Fencing: A. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along E. Foster Crossing Road shall have fencing consisting of an 8- foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Adjacent to common area lots not referenced above, with the exception of lots fronting off the primary E. Foster Crossing Road entrance roadway: Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear yard of any residential lot. Side yard fencing abutting and/or adjacent to common area lots may be wood. The fencing shall be owned and maintained by the individual lot owners. C. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 5. Streets: A. Developer shall construct the section of E. Foster Crossing adjacent to the common area land as part of the Single-Family development. B. Dead-end streets: In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than three lots (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end. C. Development is exempt from curvilinear street design requirements. 6. Sidewalks: A. Construction of a 10-foot hike and bike trail along the north side of E. Foster Crossing Road for the entire limits of the Planned Development. B. Construction of a 12-foot-wide hike and bike trail traversing east/west through the single family residential zoned property as shown on the approved Concept Plan. C. The City of Anna will be responsible for maintaining hike and bike trails identified above. 7. Garages: A. Garages for single-family residence lots may be over 60% of the total frontage width of a house whether or not swing drives (“J” drives) are used. For SF-Z lots, the face of the garage may extend more than ten feet but no more than fifteen feet beyond the remainder of the front elevation of the primary living area of a house but in no instance shall the garage face encroach within a required setback. g. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the conceptual development layout. Non-substantial changes of detail on the final development plan(s) that differ from the conceptual development layout may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Unique, Active, and Safe. ATTACHMENTS: 1. Ordinance - Skorburg Anna Ranch 2. Exhibit 1 - Ord. (Legal Description -Skorburg Anna Ranch) 3. Exhibit 2 - Ord. (Conceptual Development Layout - Skorburg Anna Ranch) 4. City Council - STAFF REPORT (ZC) Anna Ranch 5. Exhibit A - STAFF REPORT (Conceptual Development Layout - Skorburg Anna Ranch) 6. Skorburg Anna Ranch Open Space Rendering (5-17-23) 7. Responses Received 1 CITY OF ANNA, TEXAS (Property zoned under this ordinance is generally located on the north side of E. Foster Crossing Road, 1,645± feet east of future Leonard Avenue) ORDINANCE NO. ________________ AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY’S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas (“City”) has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning amendment from Lindo Apparel Incorporated 335 Valley-Two, Inc. on Property described in Exhibit 1 (“Property”) attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of E. Foster Crossing Road, 1,645± feet east of future Leonard Avenue is currently zoned Planned Development (Ord. No. 323-2007); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna (“City Council”) have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1.Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2.Zoning Change The Anna City Code of Ordinances (the “Anna Code”) are hereby amended by amending the zoning of the Property described in Exhibit 1 and as depicted in the conceptual development layout on the attached Exhibit 2. 1. Purpose. 2 The purpose of this Planned Development District is to facilitate the development of high- quality single-family residences and multiple-family residence development. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City’s Zoning Ordinance shall apply. 3. Development Standards. 1. The location of the planned development zoning district shall be in substantial conformance with the conceptual development layout (Exhibit 2). 2. Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the SF-72 Single-Family Residence District (SF-72). SF-60 Single-Family Residence District (SF-60), SF-Z Single- Family Residence District - Zero lot line homes (SF-Z), MF-2 Multiple-Family Residential - High Density (MF-2), and the Planning and Development Regulations except as otherwise specified herein. a. Additional permitted use 1. Civic center b. SF-72 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Min number of SF-72 lots: 100 c. SF-60 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3 3. Max. lot coverage (%): 50 4. Building size (square feet): 1800 d. SF-Z Single-Family Residence District - Zero lot line homes 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Min. lot depth (feet): 115 4. Maximum number of SF-Z lots: 300 e. MF-2 Multiple-Family Residential - High Density 1. Maximum height (feet): 50 / 3 story A. 3 story buildings shall be located no closer than 300 feet from any single- family residence zoning not included within this planned development district. 2. Max. lot coverage (%): 60% 3. Parking: A minimum of 1.5 parking spaces shall be provided per one-bedroom and studio units and two (2) spaces per two or more-bedroom units, plus 0.25 per dwelling unit for visitor parking. A. Covered Parking: 50% of the required parking must be covered. 4. Screening Fence: A. Border fencing on any perimeter not abutting a public right-of-way shall consist of. i. A minimum ten (10) foot wide landscape buffer and six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no more than forty (40) foot intervals. The ten (10) foot-wide landscape buffer shall consist of a vegetative screen comprised of minimum 3” caliber trees planted staggered at twenty- five (25) foot centers; and/or 4 ii. Border fencing of masonry construction of not less than eight feet in height. 5. Any form of multiple-family residence development that does not meet the definition, three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units, shall require the issuance of a Specific Use Permit. f. Additional Standards: The following items shall be implemented as part of the Planned Development zoning area; 1. Park land and public/private facility dedication/construction: In an effort to meet the required park land dedication requirement for both the single-family and multiple family development area; dedication of Common Area tracts of land, as shown on the approved Concept Plan, for the purpose of a city park and land for future municipal offices/services subject to review by the city’s parks advisory board and approval by the City Council prior to Preliminary Plat approval. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. 2. Landscape setbacks/buffer: Minimum 30-foot-wide landscape buffer/common areas lots shall be required adjacent to E. Foster Crossing Road. The landscape buffer/common area lots are to be owned and maintained by the single-family homeowners associated and multiple-family residential development. 3. Tree Plantings: A. For all common area lots, developer shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design. B. Requirements for single-family residential lots. Three-inch caliper trees selected from the large tree list shall be planted on all single-family residential lots in accordance with the corresponding zoning districts and the Planning and Development Regulations except as otherwise specified herein. The following minimum standards apply. Single-family residential – 72 (SF-72)2 Trees Single-family residential – zero lot line (SF-Z)1 Tree i. Trees for SF-Z lots shall be planted in the front yard of every other lot. 5 4. Fencing: A. Rear and/or side yards of single-family residential lots adjacent to the 30- foot common area lot along E. Foster Crossing Road shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Adjacent to common area lots not referenced above, with the exception of lots fronting off the primary E. Foster Crossing Road entrance roadway: Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear yard of any residential lot. Side yard fencing abutting and/or adjacent to common area lots may be wood. The fencing shall be owned and maintained by the individual lot owners. C. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 5. Streets: A. Developer shall construct the section of E. Foster Crossing Road adjacent to the common area land as part of the Single-Family development. B. Dead-end streets: In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than three lots (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end. C. Development is exempt from curvilinear street design requirements. 6. Sidewalks: A. Construction of a 10-foot hike and bike trail along the north side of E. Foster Crossing Road for the entire limits of the Planned Development. B. Construction of a 12-foot-wide hike and bike trail traversing east/west through the single family residential zoned property as shown on the approved Concept Plan. C. The City of Anna will be responsible for maintaining hike and bike trails identified above. 6 7. Garages: A. Garages for single-family residence lots may be over 60% of the total frontage width of a house whether or not swing drives (“J” drives) are used. For SF-Z lots, the face of the garage may extend more than ten feet but no more than fifteen feet beyond the remainder of the front elevation of the primary living area of a house but in no instance shall the garage face encroach within a required setback. g. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the conceptual development layout (Exhibit 2). Non- substantial changes of detail on the final development plan(s) that differ from the conceptual development layout may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. Section 3.Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4.Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code (“Chapter 3000”) and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. 7 Section 5.Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6.Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 23rd day of May 2023. ATTESTED: APPROVED: ________________________________ _________________________ Carrie L. Land, City Secretary Nate Pike, Mayor SHARP ST.CAROLINE ST.CARINNA DR.TIANA ST.LEONARD AVE.E. FOSTER CROSSING RD. MF-2 BASE ZONING ±35.2 ACRES COUNTY ROAD 418* (SF-72) (SF-60)(SF-Z) (SF-Z) VICINITY MAP PROJECT LOCATION USER: Eric DATE/TIME: May 15, 2023 - 12:35pmFILE: C:\Users\Eric\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\58-001_Anna - Anna Ranch SF\z_AutoCAD\58-001 Concept Plan.dwgANNA RANCH - City of Anna, Texas - LC&E PROJECT NO. 1058-001DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718ANNA RANCHEAST FOSTER CROSSING±170 ACRESCity of Anna, Collin County, TexasCopyright © 2022 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869Eric@LincolnCE.comCPCONCEPT PLANCONCEPT PLAN SKORBURG ANNA RANCH ±170.4 ACRES (VACANT LAND) ABS 798 G STARK SURVEY CITY OF ANNA COLLIN COUNTY, TEXAS May 15, 2023 Skorburg Company 8214 Westchester Drive, Suite 900 Dallas, Texas 75225 Tel. No. (214) 888-8845 Contact: Adam Shiffer Lincoln Consulting & Engineering, inc. P.O. Box 1176 Wylie, Texas 75098 Tel. No. (214) 673-8869 Contact: Eric M. Seeley, P.E. LEGEND Lindo Apparel Inc & 335 Valley Two Inc 1770 Homet Road San Marino, CA 91108-1254 * CITY OF ANNA City Council May 23, 2023 Zoning & Concept Plan: Skorburg Anna Ranch Applicant: Lindo Apparel Incorporated 335 Valley-Two, Inc. DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 170± acres located on the north side of E. Foster Crossing Road, 1,645± feet east of future Leonard Avenue from Planned Development (Ord. No. 323-2007) to a new Planned Development to allow for single-family residences and multiple-family residences built to SF-72 Single-Family Residence District, SF-60 Single-Family Residence District, & SF-Z Single-Family Residence District – Zero lot line homes, and MF-2 Multiple-Family Residential – High Density (MF-2) with modified development standards. REMARKS: A Planned Development (PD) is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. A PD district may be used to permit new and innovative concepts in land utilization. While great flexibility is given to provide special restrictions, which will allow development not otherwise permitted, procedures are established herein to insure against misuse of the increased flexibility. The subject property is currently undeveloped. A conceptual development layout, Skorburg Anna Ranch, accompanies this request as Exhibit A. The applicant’s request is to rezone 170 acres out of the original 737.3 acre Planned Development (Ord. No 323-2007). The existing zoning currently allows for SF-D (70’ x 120’) and SF-A (55’ x 110’) residential lots with modified development standards. The proposed zoning includes a mixture of single-family dwelling, detached zoning and multiple family residence zoning. The proposed zoning includes the following district types: •Multiple-Family Residential – High Density (MF-2): Maximum of 35.2± acres •SF-72 Single-Family Residence District: Minimum 100 lots •SF-60 Single-Family Residence District •SF-Z Single-Family Residence District - Zero lot line homes: Maximum 300 lots The zoning request proposes a development pattern that aligns with the Master Thoroughfare Plan and provides for a land use transition for development as it moves north of the Collin County Outer loop that is superior to the existing zoning. History The current zoning as adopted by Ordinance No. 323-2007 included 737± acres north and south of Collin County Outer Loop. The images below, labeled Exhibit B Zoning Districts and Exhibit D Concept Plan and included within the original zoning for Anna Ranch, illustrate roadway layouts that don’t align with the current Anna 2045 Master Thoroughfare Plan (Leonard Avenue and E. Foster Crossing Road). Surrounding Land Uses and Zoning North Residential lots in the ETJ East Land developed as residential and commercial uses in the ETJ. South Batch plant and residential lots in the ETJ. West Vacant land zoned Planned Development (Anna Ranch Phases 2 & 3) that allows for SF-60 Single-Family Residence, SF-TH Townhome, and MF-2 Multiple-Family Residential - High Density developments with modified development standards SUMMARY: The applicant is requesting to amend the existing zoning that was established in 2007 to allow for a mixture of single-family dwelling, detached lot types north of E. Foster Crossing Road and multiple-family residences south of E. Foster Crossing Road. As part of the zoning request, the applicant is proposing to meet the Park Land Dedication requirement (1 acre of land for each 50 proposed dwelling units) by dedicating over 30 acres of land to the city to be used for Park, playground, or recreation center (public) and future Civic center uses. Additionally, the proposed zoning would include the following design features. • Increased landscape buffer requirements that enhance the perimeters of the single-family residential and multiple-family residence developments adjacent to E. Foster Crossing Boulevard. • Development that proposes a diverse range of housing choices. • Enhanced sidewalks and hike and bike trail connections within the development and along E. Foster Crossing Road. RECOMMENDATION: At the Monday, May 1, 2023, Planning & Zoning Commission meeting, the Commission voted 6-1 to recommend approval of the zoning amendment with the following restrictions. Restrictions: Standards and Area Regulations: Development must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the SF-72 Single-Family Residence District (SF-72). SF-60 Single-Family Residence District (SF-60), SF-Z Single- Family Residence District - Zero lot line homes (SF-Z), MF-2 Multiple-Family Residential - High Density (MF-2), and the Planning and Development Regulations except as otherwise specified herein. a. Additional permitted use 1. Civic center b. SF-72 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Min number of SF-72 lots: 100 c. SF-60 Single-Family Residence District 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Max. lot coverage (%): 50 4. Building size (square feet): 1800 d. SF-Z Single-Family Residence District - Zero lot line homes 1. Side yard interior (feet): 5 2. Rear yard (feet): 15 3. Min. lot depth (feet): 115 4. Maximum number of SF-Z lots: 300 e. MF-2 Multiple-Family Residential - High Density 1. Maximum height (feet): 50 / 3 story A. 3 story buildings shall be located no closer than 300 feet from any single-family residence zoning not included within this planned development district. 2. Max. lot coverage (%): 60% 3. Parking: A minimum of 1.5 parking spaces shall be provided per one- bedroom and studio units and two (2) spaces per two or more-bedroom units, plus 0.25 per dwelling unit for visitor parking. A. Covered Parking: 50% of the required parking must be covered. 4. Screening Fence: A. Border fencing on any perimeter not abutting a public right-of-way shall consist of. i. A minimum ten (10) foot wide landscape buffer and six (6) foot tall ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no more than forty (40) foot intervals. The ten (10) foot-wide landscape buffer shall consist of a vegetative screen comprised of minimum 3” caliber trees planted staggered at twenty-five (25) foot centers; and/or ii. Border fencing of masonry construction of not less than eight feet in height. 5. Any form of multiple-family residence development that does not meet the definition, three or more dwelling units or apartments or which is occupied as a home or place of residence by three or more families living in independent dwelling units, shall require the issuance of a Specific Use Permit. f. Additional Standards: The following items shall be implemented as part of the Planned Development zoning area; 1. Park land and public/private facility dedication/construction: In an effort to meet the required park land dedication requirement for both the single-family and multiple family development area; dedication of Common Area tracts of land, as shown on the approved Concept Plan, for the purpose of a city park and land for future municipal offices/services subject to review by the city’s parks advisory board and approval by the City Council prior to Preliminary Plat approval. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. 2. Landscape setbacks/buffer: Minimum 30-foot-wide landscape buffer/common areas lots shall be required adjacent to E. Foster Crossing Road. The landscape buffer/common area lots are to be owned and maintained by the single-family homeowners associated and multiple-family residential development. 3. Tree Plantings: A. For all common area lots, developer shall be required to plant one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. Trees may be grouped or clustered to facilitate site design. B. Requirements for single-family residential lots. Three-inch caliper trees selected from the large tree list shall be planted on all single-family residential lots in accordance with the corresponding zoning districts and the Planning and Development Regulations except as otherwise specified herein. The following minimum standards apply Single-family residential – 72 (SF-72)2 Trees Single-family residential – zero lot line (SF-Z)1 Tree i. Trees for SF-Z lots shall be planted in the front yard every other lot. 4. Fencing: A. Rear and/or side yards of single-family residential lots adjacent to the 30-foot common area lot along E. Foster Crossing Road shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Adjacent to common area lots not referenced above, with the exception of lots fronting off the primary E. Foster Crossing Road entrance roadway: Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear yard of any residential lot. Side yard fencing abutting and/or adjacent to common area lots may be wood. The fencing shall be owned and maintained by the individual lot owners. C. All other fencing constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. 5. Streets: A. Developer shall construct the section of E. Foster Crossing Road adjacent to the common area land as part of the Single-Family development. B. Dead-end streets: In the case of dead-end streets which will eventually be extended into the adjacent subdivision, no more than three lots (per side) can front onto the dead-end street stub unless a temporary turnaround bulb (with the appropriate temporary street easement) is provided at the end. C. Development is exempt from curvilinear street design requirements. 6. Sidewalks: A. Construction of a 10-foot hike and bike trail along the north side of E. Foster Crossing Road for the entire limits of the Planned Development. B. Construction of a 12-foot-wide hike and bike trail traversing east/west through the single family residential zoned property as shown on the approved Concept Plan. C. The City of Anna will be responsible for maintaining hike and bike trails identified above. 7. Garages: A. Garages for single-family residence lots may be over 60% of the total frontage width of a house whether or not swing drives (“J” drives) are used. For SF-Z lots, the face of the garage may extend more than ten feet but no more than fifteen feet beyond the remainder of the front elevation of the primary living area of a house but in no instance shall the garage face encroach within a required setback. g. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the conceptual development layout. Non-substantial changes of detail on the final development plan(s) that differ from the conceptual development layout may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. SHARP ST.CAROLINE ST.CARINNA DR.TIANA ST.LEONARD AVE.E. FOSTER CROSSING RD. MF-2 BASE ZONING ±35.2 ACRES COUNTY ROAD 418* (SF-72) (SF-60)(SF-Z) (SF-Z) VICINITY MAP PROJECT LOCATION USER: Eric DATE/TIME: May 15, 2023 - 12:35pmFILE: C:\Users\Eric\Lincoln Consulting & Engineering\Joshua Lincoln - Projects\58-001_Anna - Anna Ranch SF\z_AutoCAD\58-001 Concept Plan.dwgANNA RANCH - City of Anna, Texas - LC&E PROJECT NO. 1058-001DateEngineerP.E. No.FOR REVIEW ONLYFirm No. 21223NOT FOR CONSTRUCTION7/8/2022LINCOLN CONSULTING & ENGINEERINGERIC M. SEELEY107718ANNA RANCHEAST FOSTER CROSSING±170 ACRESCity of Anna, Collin County, TexasCopyright © 2022 Firm No. F-21223P.O. Box 1176Wylie, Texas 75098phone (214) 673-8869Eric@LincolnCE.comCPCONCEPT PLANCONCEPT PLAN SKORBURG ANNA RANCH ±170.4 ACRES (VACANT LAND) ABS 798 G STARK SURVEY CITY OF ANNA COLLIN COUNTY, TEXAS May 15, 2023 Skorburg Company 8214 Westchester Drive, Suite 900 Dallas, Texas 75225 Tel. No. (214) 888-8845 Contact: Adam Shiffer Lincoln Consulting & Engineering, inc. P.O. Box 1176 Wylie, Texas 75098 Tel. No. (214) 673-8869 Contact: Eric M. Seeley, P.E. LEGEND Lindo Apparel Inc & 335 Valley Two Inc 1770 Homet Road San Marino, CA 91108-1254 * E. FOSTER CROSSING RD. POND POND U20 SOCCER FULL SIZE SOCCER U20 SOCCER U20 SOCCER PLAYGROUND PARKING (35 SPACES) PARKING (100 SPACES) TENNIS PICKLEBALL PAVILION W/ RESTROOMS 10' TRAIL 12' TRAIL 10' TRAIL 6' TRAIL SUBDIVISION ENTRY MONUMENT PARK ENTRY MONUMENT DRINKING FOUNTAIN BENCH (TYP) BENCH (TYP) BENCH (TYP) FOOD TRUCK PARKING SAND VOLLEYBALL COURTS MB/RM MNB 04/29/2023Date Drawn By Checked By Project Number City of Anna, Collin County, TXAnna RanchOSP-1 OPEN SPACE CONCEPT PLAN Date CommentProject NameOwner8214 Westchester Drive, Suite 900Dallas, Texas 75225Skorburg Company(800) 680-6630 15455 Dallas Pkwy., Ste 600 Addison, TX 75001 www.EvergreenDesignGroup.com EVERGREEN D E S I G N G R O U P Scale 1" = 50' 25'100'50'0' NOTE: PRINTED DRAWING SIZE MAY HAVE CHANGED FROM ORIGINAL. VERIFY SCALE USING BAR SCALE ABOVE. NORTH From:Beth Lowry To:Lauren Mecke; Ross Altobelli Subject:Rezoning on Foster Crossing Date:Monday, May 1, 2023 1:35:49 PM I’m writing you in response to agenda item #21 this evening. Please let the record show that I am against the rezoning. We DO NOT need anymore high density living on Foster Crossing. Anna Town Square is hard enough to get into now. There is no infrastructure to support what you are currently building off of Foster Crossing, Leonard, Finley, etc. There are plenty of rental options in the area that are currently under construction, which include apartments and rental homes. Not to mention all of the other rental options approved and under construction throughout the city. Beth Lowry ATS Resident RECEIVED MAY 1, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:GORE, MICHAEL J To:Lauren Mecke; Ross Altobelli Cc: Subject:Skorburg Anna Ranch Rezoning Date:Monday, May 1, 2023 3:02:14 PM Lauren and Ross: Regarding the P&Z meeting tonight, this is to inform you I am completely against any rezoning that adds more multifamily units near Anna Town Square. The city typically sides with developers with little regard for the residents who put their hard-saved money down to live in ATS. The infrastructure is already stressed. Who will improve the roads and provide traffic control? Who will increase the potable water capacity? When will this be accomplished? Sincerely, Mike Gore 2112 Caroline St Anna, TX. RECEIVED MAY 1, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Jazmine Coleman To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli Cc:Lauren Mecke; Salena Tittle Subject:Rezoning Anna Ranch Date:Wednesday, May 3, 2023 11:25:37 AM Hello, I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Regards, Jazmine Coleman 803 Anne Court Anna, TX 75409 RECEIVED MAY 3, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Chad Fisher To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli; Lauren Mecke; Salena Tittle Subject:Anna Ranch Rezone Date:Wednesday, May 3, 2023 10:55:34 AM Anna City Council: Multi-family rezoning - bad. Single family zoning - good. That is all. Chad Fisher 2201 Graham Rd, Anna, TX 75409 -- Chad J. Fisher - KF5SDQ _____________________________________________ Goruck Class #675L, #945L, #1811T and #1504L and #2503L - To lead is to serve. #goruck Pathfinder Forward Class 013 - Roster 13-160 The friend in my adversity I shall always cherish most. I can better trust those who have helped to relieve the gloom of my dark hours than those who are so ready to enjoy with me the sunshine of my prosperity. - Ulysses S. Grant "A soft, easy life is not worth living if it impairs the fiber of brain and heart and muscle. We must dare to be great; and we must realize that greatness is the fruit of toil and sacrifice and high courage... For us is the life of action, of strenuous performance of duty; let us live in the harness, striving mightily; let us rather run the risk of wearing out than rusting out." Teddy Roosevelt RECEIVED MAY 3, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:LaKeisha McKinney To:Lee Miller; Nate Pike; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli Cc:Lauren Mecke; Salena Tittle Subject:Re-Zoning for Anna Ranch Date:Wednesday, May 3, 2023 12:27:58 PM Hello, As a resident in Anna Town Square, I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Regards, LaKeisha McKinney 804 Anne Ct. Anna, Tx 75409 Sent from my iPhone RECEIVED MAY 3, 2023 DEVELOPMENT SERVICES CITY OF ANNA From: Beth Lowry Sent: Wednesday, May 3, 2023 2:27 PM To: Nate Pike <npike@annatexas.gov>; Lee Miller <lmiller@annatexas.gov>; Danny Ussery <dussery@annatexas.gov>; Stan Carver <scarver@annatexas.gov>; Kevin Toten <ktoten@annatexas.gov>; Pete Cain <pcain@annatexas.gov>; Ross Altobelli <raltobelli@annatexas.gov> Subject: Re-zoning Agenda Item next week I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. We already have several high density construction projects underway in Anna Town Square and off of Foster Crossing. There are also additional projects throughout the city. There is plenty of housing variety at this time. Please vote to keep the zoning as single family. Beth Lowry Anna Town Square Resident From:Ursamaniac To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli Cc:Lauren Mecke; Salena Tittle Subject:Anna Ranch Re-Zoning Date:Wednesday, May 3, 2023 6:47:53 PM I fully oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Regards, Nicholas Castillo 1205 Sharp Street, Anna, TX 75409 Sent from my iPhone 13 Pro RECEIVED MAY 4, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Joseph McKinney To:Lee Miller; Nate Pike; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli; Salena Tittle Cc:Lauren Mecke Subject:Subject: Re-Zoning for Anna Ranch Date:Wednesday, May 3, 2023 7:31:21 PM Good evening, As a resident in Anna Town Square, I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Sincere Regards, Joseph McKinney 804 Anne Ct. Anna, Tx 75409 RECEIVED MAY 4, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Tony and Nancy Geren To:pnike@annatexas.gov; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli Cc:Lauren Mecke; Salena Tittle Subject:Rezoning of Anna Ranch Date:Wednesday, May 3, 2023 9:12:15 PM Importance:High May 3, 2023 My husband and I oppose the multi-family rezoning for Anna Ranch that will be an agenda item on the next City Council meeting on May 9th at 6:00PM. Regards, Nancy and Tony Geren 815 Anne Ct Anna, TX. 75409 RECEIVED MAY 4, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Jennifer Wolfe To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli; Lauren Mecke; Salena Tittle Subject:Re-zoning for Anna Ranch Date:Thursday, May 4, 2023 8:14:43 AM I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Regards, Jennifer Wolfe 813 Brittany Dr Anna, TX 75409 RECEIVED MAY 4, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Meagan Allen To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli Cc:Lauren Mecke; Salena Tittle Subject:Opposition for Multi-Family Rezoning Date:Thursday, May 4, 2023 8:31:35 AM I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the nextCity Council Meeting on May 9th at 6:00pm.Regards,Meagan Allen2012 Robert Street RECEIVED MAY 4, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Jennifer Schwyzer To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; ktoten@annatexas.go; Pete Cain; Ross Altobelli; Lauren Mecke; Salena Tittle Subject:Income Controlled Apartments in Anna Town Square Date:Thursday, May 4, 2023 10:37:22 PM I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Regards, Jennifer Schwyzer 1201 Sharp Street Anna, Tx. 75409 RECEIVED MAY 5, 2023 DEVELOPMENT SERVICES CITY OF ANNA From:Stephanie Reece To:Nate Pike; Lee Miller; Danny Ussery; Stan Carver; Kevin Toten; Pete Cain; Ross Altobelli Cc:slittle@annatexas.gov; Lauren Mecke Subject:Opposed to re-zoning Date:Friday, May 5, 2023 10:59:29 AM I oppose the multi-family re-zoning for Anna Ranch that will be an agenda item on the next City Council Meeting on May 9th at 6:00pm. Our town’s infrastructure cannot safely support another multi-family property in this Anna Town Square adjacent area. I’m not even sure the city as a whole can. I implore you, please don’t allow this re-zoning to happen. The negative impact is far too great to ignore. Regards, Stephanie Reece 1237 Carinna Drive Anna, TX 75409 RECEIVED MAY 5, 2023 DEVELOPMENT SERVICES CITY OF ANNA Item No. 7.c. City Council Agenda Staff Report Meeting Date: 5/23/2023 Staff Contact: Alan Guard AGENDA ITEM: Consider/Discuss/Action on a Plan of Finance for the issuance of General Obligation Bonds, Series 2023. (Finance Director Alan Guard) SUMMARY: The City's Financial Advisors will provide a presentation with a plan of finance for General Obligation (GO) bonds for Council consideration. GO bonds are being considered for the continuation of the 2021 voter-approved bond program. The presentation will include proposed projects and a schedule for the sale. The City Council will consider an ordinance authorizing the issuance of the bonds in June. FINANCIAL IMPACT: The financial impacts will be discussed in the presentation by the City's Financial Advisors, Hilltop Securities. BACKGROUND: The neighbors of Anna voted on and approved three bond proposals in May of 2021. The propositions included Public Safety, a Library/Community Center, and Parks and Recreation Projects. This item is to approve moving forward with a plan of finance to sell the remaining bonds for the Library/Community Center and Parks and Recreation Projects. STRATEGIC CONNECTIONS: This item supports the City of Anna Strategic Plan, specifically advancing the strategic outcome area: Active,Excellent, Vibrant and Neighborly. ATTACHMENTS: 1. Anna TX GO Series 2023 Timeframe 5.10.2023 2. Anna TX Series 2023 Bond Financing Analysis 5.10.2023 SMTWThFS SMTWThFS SMTWThFS SMTWThFS 123456 123 1 12345 78910111213 45678910 234 5678 6789101112 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 13 14 15 16 17 18 19 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 20 21 22 23 24 25 26 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 27 28 29 30 31 30 31 HOLIDAY HOLIDAY HOLIDAY Distribution of 1st draft POS and NOS sent out for comments to City Finance Team Deadline to submit May 23rd Council Agenda Item and Plan of Finance Presentation Regular Scheduled City Council Meeting 1) Presentation of Plan of Finance to City Council 2) City Council approves Plan of Finance and directs staff and consultants to implement issuance of GO Bonds, Series 2023 1) Deadline for comments to 1st draft of POS and NOS 2) Schedule Bond Rating and Due Diligence Conference Calls 1) Distribution of 2nd draft POS and NOS for comments to City Finance Team 2) Distribution of 2ndt draft POS and Bond Rating Materials to Rating Agency Deadline to provide comments to 2nd draft of POS and NOS Bond Rating and Due Diligence conference calls Distribution of 3rd draft POS and NOS to City Finance Team for final comments Deadline to provide FINAL comments to POS and NOS 1) Rating Agency Provides Bond Rating 2) Rating Agency forwards Draft Rating Report for review Final POS and NOS posted on I-Deal Deadline to submit June 27th Council Agenda Item and Ordinance Authorizing Issuance of GO Bonds, Series 2023 Competitive Sale of General Obligation Bonds, Series 2023 Regular Scheduled City Council Meeting 1) Presentation of Bond Sale Results and Transaction Numbers 2) City Council considers and approves Ordinance Authorizing the Issuance of the General Obligation Bonds, Series 2023 Distribution of Final Official Statement Attorney General Approves Sale Closing of the Bonds and the delivery of funds to the City Notes Blue Font indicates City Council action items Approx. $_________ General Obligation Bonds, Series 2023 CITY OF ANNA, TX Date Schedule of Events as of 5/10/2023 Event Aug-23Jul-23Jun-23May-23 Thursday, 05/25/23 Tuesday, 05/23/23 Friday, 05/12/23 Tuesday, 07/25/23 Thursday, 06/15/23 Friday, 06/16/23 Tuesday, 06/20/23 Prior to Closing Wednesday, 06/28/23 Tuesday, 06/27/23 Wednesday, 06/21/23 Regular City Council Meetings at 6:00 the 2nd and 4th Tuesday of each month Wednesday, 05/24/23 Tuesday, 06/6/23 6/7/2023 - 6/9/2023 Wednesday, 05/17/23 Thursday, 06/8/23 Public Finance Department City of Anna, TexasPreliminary; for purposes of discussion onlyBond Election AnalysisABCDEFGHIJKNetLess:NET NEW98%ProjectedFiscal Tax-SupportedI&S Tax-Supported Required Debt ServiceYear Estimated Taxable GeneralDebt ServiceGeneral Debt Service (I&S)Ending Growth Assessed ObligationFunds onObligation (I&S) Tax Rate9/30 Factor(1) Valuation(2) Debt ServicePrincipal Interest Total D/SHand(4)Debt Service Tax Rate(5)Impact202339.74%2,481,278,770 3,313,296 - - - 3,313,296 0.1432$ 202419.37%2,961,807,000 3,960,967 - 301,810 301,810 52,533 4,210,245 0.1451 - 202513.66%3,366,319,500 4,515,611 - 285,925 285,925 52,533 4,749,004 0.1440 - 202612.62%3,791,057,625 4,926,813 - 285,925 285,925 - 5,212,738 0.1403 - 202711.76%4,237,032,656 4,923,350 365,000 276,344 641,344 - 5,564,694 0.1340 - 20283.50%4,385,328,799 4,927,075 155,000 262,694 417,694 - 5,344,769 0.1244 - 20293.50%4,538,815,307 4,929,025 165,000 254,294 419,294 - 5,348,319 0.1202 - 20303.50%4,697,673,843 5,322,975 175,000 245,369 420,369 - 5,743,344 0.1248 - 20313.50%4,862,092,427 5,319,850 185,000 235,919 420,919 - 5,740,769 0.1205 - 20323.50%5,032,265,662 5,315,550 190,000 226,075 416,075 - 5,731,625 0.1162 - 20333.50%5,208,394,961 5,316,900 200,000 215,838 415,838 - 5,732,738 0.1123 - 20343.50%5,390,688,784 5,319,700 215,000 204,944 419,944 - 5,739,644 0.1086 - 20353.50%5,579,362,892 5,323,950 225,000 193,394 418,394 - 5,742,344 0.1050 - 20363.50%5,774,640,593 5,317,875 235,000 181,319 416,319 - 5,734,194 0.1013 - 20373.50%5,976,753,014 5,314,500 250,000 168,588 418,588 - 5,733,088 0.0979 - 20383.50%6,185,939,369 5,314,675 265,000 155,069 420,069 - 5,734,744 0.0946 - 20393.50%6,402,447,247 5,020,075 275,000 142,269 417,269 - 5,437,344 0.0867 - 20403.50%6,626,532,901 5,018,834 290,000 130,263 420,263 - 5,439,097 0.0838 - 20413.50%6,858,461,552 5,019,791 300,000 117,725 417,725 - 5,437,516 0.0809 - 20423.50%7,098,507,707 5,026,769 315,000 104,656 419,656 - 5,446,425 0.0783 - 20433.50%7,346,955,476 2,371,919 325,000 91,056 416,056 - 2,787,975 0.0387 - 20443.50%7,604,098,918 2,369,644 340,000 76,500 416,500 - 2,786,144 0.0374 - 20453.50%7,870,242,380 2,369,644 355,000 60,863 415,863 - 2,785,506 0.0361 - 20463.50%8,145,700,863 2,371,719 375,000 44,438 419,438 - 2,791,156 0.0350 - 20473.50%8,430,800,394 1,911,000 390,000 27,225 417,225 - 2,328,225 0.0282 - 20483.50%8,725,878,407 1,912,500 410,000 9,225 419,225 - 2,331,725 0.0273 - 112,754,007$ 6,000,000$ 4,297,722$ 10,297,722$ 105,065$ 122,946,664$ -$ (1) Actual values for Tax Year 2022 / FY 2023 and Preliminary Tax Year 2023 / FY 2024 as provided by Collin CAD. Par Amount6,000,000$ Future growth assumptions as provided by City through Fiscal Year 2027. Bond Premium308,988 (2) Assumes 3.5% growth from FY 2028 through FY 2048 as provided by City Staff.Total Sources of Funds 6,308,988$ (3) Assumes "AA" Tax-Exempt Interest Rates + 0.25% as of May 4, 2023. Subject to change(4) Assumes use of $105,605 Budgeted Debt Service Fund Balance as presented in the City's FYE 2023 Budget. (5) FY 2023 is actual. Subsequent Debt Service (I&S) Tax Rates calculated assuming 98% collections.Project Fund Deposit6,130,988$ Budgeted Financing Costs(6)178,000 Total Uses of Funds 6,308,988$ $6,000,000General Obligation Bonds, Series 2023All-in True Interest Cost = 4.36%(3)Uses of FundsSources of Funds15/10/2023 City of Anna, TexasPreliminary; for purposes of discussion onlyBond Election AnalysisABCDEFGHIJKNetLess:NET NEW98%ProjectedFiscal Tax-SupportedI&S Tax-Supported Required Debt ServiceYear Estimated Taxable GeneralDebt ServiceGeneral Debt Service (I&S)Ending Growth Assessed ObligationFunds onObligation (I&S) Tax Rate9/30 Factor(1) Valuation(2) Debt ServicePrincipal Interest Total D/SHand(4)Debt Service Tax Rate(5)Impact202339.74%2,481,278,770 3,313,296 - - - 3,313,296 0.1432$ 202419.37%2,961,807,000 3,960,967 - 750,764 750,764 105,605 4,606,126 0.1587 0.0155 202513.66%3,366,319,500 4,515,611 - 711,250 711,250 - 5,226,861 0.1584 - 202612.62%3,791,057,625 4,926,813 - 711,250 711,250 - 5,638,063 0.1518 - 202711.76%4,237,032,656 4,923,350 365,000 701,669 1,066,669 - 5,990,019 0.1443 - 20283.50%4,385,328,799 4,927,075 405,000 681,456 1,086,456 - 6,013,531 0.1399 - 20293.50%4,538,815,307 4,929,025 425,000 659,669 1,084,669 - 6,013,694 0.1352 - 20303.50%4,697,673,843 5,322,975 450,000 636,700 1,086,700 - 6,409,675 0.1392 - 20313.50%4,862,092,427 5,319,850 470,000 612,550 1,082,550 - 6,402,400 0.1344 - 20323.50%5,032,265,662 5,315,550 500,000 587,088 1,087,088 - 6,402,638 0.1298 - 20333.50%5,208,394,961 5,316,900 525,000 560,181 1,085,181 - 6,402,081 0.1254 - 20343.50%5,390,688,784 5,319,700 555,000 531,831 1,086,831 - 6,406,531 0.1213 - 20353.50%5,579,362,892 5,323,950 585,000 501,906 1,086,906 - 6,410,856 0.1172 - 20363.50%5,774,640,593 5,317,875 615,000 470,406 1,085,406 - 6,403,281 0.1131 - 20373.50%5,976,753,014 5,314,500 650,000 437,200 1,087,200 - 6,401,700 0.1093 - 20383.50%6,185,939,369 5,314,675 680,000 402,288 1,082,288 - 6,396,963 0.1055 - 20393.50%6,402,447,247 5,020,075 715,000 369,244 1,084,244 - 6,104,319 0.0973 - 20403.50%6,626,532,901 5,018,834 745,000 338,219 1,083,219 - 6,102,053 0.0940 - 20413.50%6,858,461,552 5,019,791 780,000 305,813 1,085,813 - 6,105,603 0.0908 - 20423.50%7,098,507,707 5,026,769 815,000 271,919 1,086,919 - 6,113,688 0.0879 - 20433.50%7,346,955,476 2,371,919 850,000 236,538 1,086,538 - 3,458,456 0.0480 - 20443.50%7,604,098,918 2,369,644 885,000 198,563 1,083,563 - 3,453,206 0.0463 - 20453.50%7,870,242,380 2,369,644 925,000 157,838 1,082,838 - 3,452,481 0.0448 - 20463.50%8,145,700,863 2,371,719 970,000 115,200 1,085,200 - 3,456,919 0.0433 - 20473.50%8,430,800,394 1,911,000 1,015,000 70,538 1,085,538 - 2,996,538 0.0363 - 20483.50%8,725,878,407 1,912,500 1,060,000 23,850 1,083,850 - 2,996,350 0.0350 - 112,754,007$ 14,985,000$ 11,043,926$ 26,028,926$ 105,605$ 138,677,328$ 0.0155$ (1) Actual values for Tax Year 2022 / FY 2023 and Preliminary Tax Year 2023 / FY 2024 as provided by Collin CAD. Par Amount14,985,000$ Future growth assumptions as provided by City through Fiscal Year 2027. Bond Premium753,226 (2) Assumes 3.5% growth from FY 2028 through FY 2048 as provided by City Staff.Total Sources of Funds 15,738,226$ (3) Assumes "AA" Tax-Exempt Interest Rates + 0.25% as of May 4, 2023. Subject to change(4) Assumes use of $105,605 Budgeted Debt Service Fund Balance as presented in the City's FYE 2023 Budget. (5) FY 2023 is actual. Subsequent Debt Service (I&S) Tax Rates calculated assuming 98% collections.Project Fund Deposit15,440,000$ Budgeted Financing Costs(6)298,226 Total Uses of Funds 15,738,226$ Uses of Funds$14,985,000General Obligation Bonds, Series 2023All-in True Interest Cost = 4.36%(3)Sources of Funds25/10/2023